Madras High CourtCMP(MD)/1719/2022allowed on condition

N. Tamilchelvi v. M. Udyakumar (Died) 2.Manikandan,

2024-11-28Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Eight day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice R.KALAIMATHI IN C.M.A(MD).No.131 OF 2015

1. N. Tamilchelvi ... Petitioner/Appellant Vs

1. M. Udyakumar (Died)

2. Manikandan,

3. The Branch Manager, M/s Bajaj Alliance General Insurance Companyltd, Vivekram Bajaj, 1539, Periyakulam Road, Theni Pin 625 531.

... Respondents/Respondents Prayer in CMP(MD). No.1719 of 2022 Civil Miscellaneous Petition file under section 5 of Limitation Act To condone the delay of 67 days in filing the restoration petition ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.RAJAGURU Advocate for the Petitioner and respondent 2 and respondent 3 having not appeared either in person or by any Counsel, this Court made the following order:

This petition is filed to condone the delay of 67 days in filing the restore 1/3

petition.

2. Heard the learned counsel for the petitioner/appellant.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition to deposit costs of Rs.500/- to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 (payable in S.B.A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai - 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497) within a period of 15 days from the date of receipt of a copy of this order. Failing which, this petition shall stand automatically dismissed without any reference to this Court. Sd/- Assistant Registrar (Records ) // True Copy // 12/12/2024 Sub Assistant Registrar (CS- I, II, III, IV) jbr 2/3

1. The Principal District Judge, The Motor Accident Claim Tribunal, Dindigul

2. The Section Officer V.R.Section Madurai Bench of Madras High Court Madurai.

3. The Branch Manager, M/s Bajaj Alliance General Insurance Companyltd, Vivekram Bajaj, 1539, Periyakulam Road, Theni Pin 625 531.

Copy To The Cancer Institute(WIA), Gandhi Nagar, Canal Bank Road, Adyar Chennai-20 ORDER DATED : 28/11/2024 ==========================

ORDER

========================== IN C.M.A(MD).No.131 OF 2015 Giving direction and etc.

as stated within.

RD(12/12/2024) 3 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3