The Madurai Bench of the Madras High Court restored the condone delay application (MP(MD).No.1 of 2014) to the file of the Motor Accident Claims Appeal, accepting the reasons assigned in the petitioner's affidavit despite the respondent's remote appearance.
MP(MD).No.1/2014 is restored to file.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Thursday, the Twenty Ninth day of June Two Thousand and Seventeen PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.2279 of 2017 IN
CMA(MD) No.SR37423 of 2014
1 TMT.C.ARUMUGAM
2 TR.C.ESAKKI
3 TR.C.ARUMUGAM ... PETITIONERS
Vs
1 G.SATHISHKUMAR
2 MANAGER
M/S.BAJAJ ALLIANCE GENERAL INS.CO.LTD., K.M.A. COMPLEX, 12G, RAM NAGAR, BYE PASS ROAD,
MADURAI. ... RESPONDENTS
Prayer in CMP(MD) NO.2279/2017:
To restore the condone delay application in MP(MD).No.1 of 2014 in CMA(MD).SR.No.37423 of 2014 dismissed on 26/07/2016.
Prayer in MP(MD). 1/ 2014 in CMA(MD).sr37423/2014 :
To condone the delay of 1152 days in preferring the above CMA(MD) SR No. 37423/2014.
Prayer in CMA(MD) Sr.37423/2014:
Appeal filed Under Section 173 of Motor Vehicles Act to set aside the fair and decreetal order dated 23.02.2011 made in M.C.O.P.No.17/2010 on the file of the Motor Accident Claims Tribunal (Fast Track Court) Periyakulam, Theni District.
ORDER : This petition coming on for hearing on this day, upon perusing the petition and affidavit and material papers of this petition and upon hearing the arguments of Mr.R.SHANKAR GANESH, Advocate for the petitioner and None appearance of the Respondents, this court made the following order:-
“R1 has been served through court, R2 has been srved privately on 15.03.2017. R2 has not chosen to appear before this court either in person or through counsel.
Considering the reasons assigned in the affidavit filed in support of the petitioner, petition is ordered and MP(MD)No.1/2014 is restored to file.”
Sd/-
Assistant Registrar
/True copy/
Sub Assistant Registrar
TO
THE MOTOR ACCIDENT CLAIMS TRIBUNAL, FAST TRACK COURT, PERIYAKULAM, THENI DISTRICT.
PSM/JC/SAR1/05.07.2017/2P/2C
ORDER DATED : 29.06.2017
RESTORED IN CMP(MD) No.2279 of 2017 IN MP(MD) No.1/2014 IN CMA(MD) No.SR37423 of 2014
1 issue framed by the court
Whether the condonation of delay application (MP(MD).No.1 of 2014) should be restored to the file of CMA(MD).SR37423 of 2014.
TMT.C.ARUMUGAM
TR.C.ESAKKI
TR.C.ARUMUGAM
G.SATHISHKUMAR
MANAGER
M/S.BAJAJ ALLIANCE GENERAL INS.CO.LTD.
R. SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
