In this contumacy application, the Bench allowed the condonation of 406 days delay in filing an appeal against an MCAT order on the condition that a penal sum of Rs. 500 be paid to a government account by a specified date.
Condonation of delay on the applicant paying Rs. 500 to the District Siddha Medical Officer, CCRI, Periyakulam, by 10.01.2020.
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.
CMP(MD) No.8512 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Third day of January Two Thousand Twenty
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.8512 of 2019 in CMA(MD)SR.No.2455 of 2019
THE BRANCH MANAGER, CHOLAMANDALAM GENERAL INSURANCE COMPANY LTD., II FLOOR, DARE HOUSE, No.2, NSC BOSE ROAD, CHENNAI – 1. ... PETITIONER/APPELLANT
Vs
1 ARUMUGAM,
2 INDIRANI,
3 MUNIYAMMAL,
4 MUNEESWARI,
5 PANDI SELVI,
6 M.PARAMASIVAM, ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 406 days in filing the above appeal against the fair and decreetal order dated 12.09.2017 made in MCOP.No.61 of 2017 on the file of Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Sivagangai and render justice.
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.K.R.SHIVASHANKARI, Advocate for the petitioner and of Mr.S.Manohar, Advocate on behalf of the Respondents 1 to 5, the court made the following order:-
Both side present.
2.This petition is filed to condone the delay of 406 days in representing the Civil Miscellaneous Appeal.
3.The respondents side has no serious objection.
4.The reasons stated in the affidavit filed in support of this https://hcservices.ecourts.gov.in/hcservices/ petition, are not satisfactory. But, one more opportunity to be
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CMP(MD) No.8512 of 2019
given to put forth his case. Hence, this petition is allowed and the delay is condoned on condition that the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) to the credit of the “District Siddha Medical Officer, CCRI, Periyakulam” (payable in Account No.10767823177, SBI, Periyakulam), on or before 10.01.2020.
5.Call on 21.01.2020 'for reporting compliance'.
sd/03/01/2020 / TRUE COPY / / /2020
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAGANGAI.
COPY TO:
THE OFFICER INCHARGE, DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM, THENI.
ORDER IN CMP(MD) No.8512 of 2019 in CMA(MD)SR.No.2455 of 2019
Date :03/01/2020 dss
AE/JC/SAR-II (09.01.2020) 2P 3C
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1 issue framed by the court
Whether the 406-day delay in filing the civil miscellaneous appeal against the Motor Accidents Claims Tribunal order should be condoned.
The Branch Manager, Cholamandalam General Insurance Company Ltd.
Arumugam
Indirani
Muniyammal
Muneeswari
Pandi Selvi
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
