Perumal v. Mohammed

CMP(MD) No.12423 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12423 of 2019 in C.M.A(MD) SR.No.87085 of 2019 PERUMAL ... PETITIONER/APPELLANT Vs 1 MOHAMMED 2 THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, METRO PALACE, NORTH RAILWAY STATION, COCHIN - 682 018.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 82 days in filing the Civil Miscellaneous Appeal against the Judgment and decree in MCOP No. 28/2018 dated 27.04.2019 on the file of the Motor Accident Claims Tribunal Cum Chief Judicial Magistrate, Thoothukudi. PRAYER IN C.M.A(MD) SR.No.87085 of 2019:

To enhance the award passed in the judgment and decree dated 27.04.2019 made in M.C.O.P.No.28/2018 on the file of Motor Accident Claim Tribunal cum Chief Judicial Magistrate, Thoothukudi and to allow this Civil Miscellaneous Appeal.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.THIRUMAL, Advocate for the petitioner and of Mr.E.CHANDRASEKARAN, Advocate for the 2nd Respondent, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 82 days in filing the above Civil Miscellaneous Appeal.

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CMP(MD) No.12423 of 2019

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees Five Hundred only) to the Legal Services Committee, attached to this Bench,within a week from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 18/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THOOTHUKUDI.

COPY TO:

THE AUTHORISHED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.12423 of 2019 in C.M.A(MD) SR.No.87085 of 2019 Date :18/02/2021 pkn AE/JC/SAR-I (23/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2