The High Court condoned a delay of 427 days in filing a civil miscellaneous appeal against a Motor Accident Claims Tribunal award. The order was made subject to the payment of Rs.1000 as costs to the Chief Justice Relief Fund.
Delay of 427 days in filing appeal condoned subject to payment of Rs.1000 costs to Chief Justice Relief Fund.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twelfth day of July Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.2528 of 2018 IN CMA(MD) No.SR20021 of 2017
MINOR V.VIGNESH MANI
(MINOR PETITIONER REP. BY HIS FATHER (NEXT FRIEND MR.MURUGESHAN S/O.MANI) ... PETITIONER/APPELLANT
Vs
1 P.S.KESAVA MANOHAR,
2 DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD., WEST VELI STREET, BHANQUE THARMASALA (3RD FLOOR) OPP. RAILWAY JUNCTION MADURAI-1 ...RESPONDENTS/RESPONDENTS (1ST RESPONDENT SET EX-PARTE BEFORE TRIBUNAL, HENCE HE MAY BE DISPENSED WITH)
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone to the delay of 427 days in filing the appeal and thus render justice.
PRAYER IN CMA(MD) No.SR20021 of 2017:
to allow the appeal and modify the award passed in M.C.O.P.No.738 of 2009 on the file of the Motor Accident Claims Tribunal (District and Sessions Judge), Communal Clash Cases Court, Madurai dated 22.02.2016
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.R.SENTHIL KUMAR, Advocate for the petitioner and the court made the following order:-
https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed to condone the delay of 427 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR20021 of 2017.
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sd/12/07/2018 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COMMUNAL CLASH CASES COURT, MADURAI
Copy to:
THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) No.2528 of 2018 IN CMA(MD) No.SR20021 of 2017 Date :12/07/2018
SMA/RR/ASVM/18.07.2018:2P/3c
2 issues framed by the court
Whether to condone the delay of 427 days in filing a civil appeal.
Whether to impose costs as a condition for condoning the delay.
MINOR V.VIGNESH MANI
P.S.KESAVA MANOHAR
DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD.
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
