Four respondent-counsel appears for the second respondent while no instructions are forthcoming from the appellant despite notices. The appeal is dismissed for default due to non-filing of vakalath.
Civil Miscellaneous Appeal dismissed for default.
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C.M.A.(MD)No.718 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.08.2021 CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)No.718 of 2013
Adlin Jeba Kani
..Appellant
Vs.
1.Chelladurai 2.The New India Assurance Company Ltd, Rep. By its Branch Manager, Nagercoil, Nagercoil Village, Agasteeswaram Taluk, Kanyakumari District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 15.06.2009, passed in M.C.O.P.No.50 of 2008 on the file of the Motor Accident Claims Tribunal (I Additional Sub Court), Nagercoil, Kanyakumari District.
For Appellant : No Appearance For 2nd Respondent : Mr.G.Prabhu Rajadurai For 1st Respondent : Dispensed with
JUDGMENT
When the matter was taken up for hearing on 18.03.2021, it is represented by the learned counsel for the appellant that there was no instructions from the client and he has filed a memo to that effect and the same was recorded. This case was posted before this Court on 07.04.2021. 16.04.2021, 27.04.2021 and 09.06.2021. On 21.06.2021, the Registry was directed to issue notice to the appellant. On 27.07.2021, Mr.Bala Subramanian, learned counsel undertakes to appear for the appellant. The case was adjourned for filing vakalath again on 02.08.2021 and 06.08.2021 but no vakalath was filed. Hence, the matter was posted today (13.08.2021). Even today, no vakalath was filed on the side of the appellant. There is no use in keeping the appeal pending any further. Hence, this Civil Miscellaneous Appeal is dismissed for default. No Costs.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Mrn
1 / 2
C.M.A.(MD)No.718 of 2013
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To
C.M.A.(MD)No.718 of 2013
13.08.2021
RD(25.08.2021) 2P 4C
2 / 2
1 issue framed by the court
Whether the Civil Miscellaneous Appeal should be allowed despite non-filing of vakalath despite multiple notices and adjournments.
1 provisions across 1 enactments
Adlin Jeba Kani
Chelladurai
The New India Assurance Company Ltd
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
