In this condonation of delay application, the Court examined a 79-day lapse in filing an appeal against an MCOP order. Finding the delay not inordinate, the Court allowed the petition to proceed on merits.
The petition to condone delay of 79 days in filing the Civil Miscellaneous Appeal was allowed, and the delay is hereby condoned.
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C.M.P.No.9359 of 2020 in CMA.SR.19050 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2020
CORAM
THE HONOURABLE Mr.JUSTICE R.SUBBIAH AND THE HONOURABLE Mr.JUSTICE C.SARAVANAN
C.M.P.No.9359 of 2020
in CMA.SR.19050 of 2020
(Heard through Video Conference)
M/s.United India Insurance Co. Ltd.,
Having its Branch Offfice at No.3,
Big Bazaar Street, Dharapuram,
Tiruppur District. ... Petitioner
Vs.
1. A.Karuppaiyan
S/o. Arunachalam
2. K.Santhoshselvam
S/o.R.Krishnan
3. E.Thenmozhi
W/o.Elango ... Respondents
C.M.P filed under Section 173(1) of Motor Vehicles Act, to condone the delay of 79 days in filing the above appeal against the order dated 26.07.2019 made in MCOP.No.18 of 2018 on the file of the Mother Accidents Claims Tribunal, Special Subordinate Judge, Erode.
For Petitioner : Mr.S.Arunkumar For Respondents : Mr.SP.Yuaraj, for R1
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C.M.P.No.9359 of 2020 in CMA.SR.19050 of 2020
O R D E R
(Order of the Court was made by R.SUBBIAH, J.)
This Petition has been filed seeking to condone the delay of 79 days in filing
the above appeal against the order dated 26.07.2019 made in MCOP.No.18 of 2018
on the file of the Mother Accidents Claims Tribunal, Special Subordinate Judge, Erode.
the learned counsels for both the parties, we are of the opinion that the delay of 79 days in filing the appeal cannot be construed as inordinate in nature. Hence, the delay could be condoned in the interest of justice, so that the appellant / Insurance Company will have an opportunity of putting forth their case in the Civil Miscellaneous Appeal and the matter can be heard on merits.
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C.M.P.No.9359 of 2020 in CMA.SR.19050 of 2020
Appeal SR is condoned and this petition is allowed.
[R.P.S., J] [C.S.N., J]
pvs 04.09.2020
Internet: Yes
3/4
C.M.P.No.9359 of 2020 in CMA.SR.19050 of 2020
R.SUBBIAH, J. and C.SARAVANAN, J.
pvs
C.M.P.No.9359 of 2020
in CMA.SR.19050 of 2020
04.09.2020
4/4
3 issues framed by the court
Whether the delay of 79 days in filing a Civil Miscellaneous Appeal under Section 173(1) of the Motor Vehicles Act should be condoned.
What constitutes inordinate delay in the context of appealing against an order by the Motor Accidents Claims Tribunal.
Whether the delay can be condoned in the interest of justice to allow the matter to be heard on merits.
1 provisions across 1 enactments
M/s. United India Insurance Co. Ltd.
A. Karuppaiyan
K. Santhoshselvam
E. Thenmozhi
R. SUBBIAH
C. SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
