The Madurai Bench of Madras High Court considered a petition to condone a 140-day delay in filing a Civil Miscellaneous Appeal. The court approved the condonation of delay subject to the payment of costs.
Delay of 140 days condoned subject to payment of Rs. 500 cost to Chief Justice Relief Fund within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Sixth day of July Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.11793 of 2017 IN
CMA(MD) No.SR50353 of 2017
RAJALAKSHMI, ... PETITIONER/APPELLANT
Vs
1 BALASUBRAMANIAN,
2 THE BRANCH MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE COMAPNAY LTD., D.NO.11, 3RD FLOOR, GOVT ARTS COLLEGE ROAD, COIMBATORE-18.
3 SELVARAJ, ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay 140 days in filing this Miscellaneous Appeal.
PRAYER IN CMA(MD) No.SR50353 of 2017:
to set-aside the judgement and decree passed by the Motor Accident Claims Tribunal, Additional District and Special Court, Pudukkottai in M.C.O.P.No.625 of 2015 dated 23.03.2017
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.BANUMATHY, Advocate for the petitioner and of MR.K.R.SHIVASHANKARI, Advocate for R2, the court made the following order:-
This petition has been filed to condone the delay of 140 days in filing the civil miscellaneous appeal in C.M.A.(MD)No.SR50353 of 2017, against the award passed in M.C.O.P.No.625 of 2015.
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of cost of Rs.500/- (Rupees Five Hundred only) to the Chief Justice Relief Fund, within a period of one 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.
sd/-
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023.
TO
THE ADDITIONAL DISTRICT AND SPECIAL JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI
Copy to:
THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER IN CMP(MD) No.11793 of 2017 IN
CMA(MD) No.SR50353 of 2017 Date :06/07/2018
SMA/PMI/GSR/11.07.2018:2P/3C
1 issue framed by the court
Whether the delay of 140 days in filing the miscellaneous appeal should be condoned.
RAJALAKSHMI
BALASUBRAMANIAN
THE BRANCH MANAGER, BAJAJ ALLIANCE GENERAL INSURANCE COMAPNAY LTD.
SELVARAJ
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
