Petitioner sought to condone 395 days delay in presenting an appeal to the Motor Accidents Claims Tribunal; court condoned delay subject to payment of court fees.
Delay of 395 days in presenting appeal condoned; petitioner to pay Rs.1,000/- to Advocates Welfare Fund within two weeks; registry to number appeal if otherwise in order.
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CMP.(MD)No.8336 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand and Twenty One PRESENT
The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
CMP(MD)No.8336 of 2021 IN CMA(MD)SR.No.3973 of 2019
THE BRANCH MANAGER CHOLAMANDALAM GENERAL INSURANCE CO.LIMITED, II-FLOOR,DARE HOUSE, NSC BOSE ROAD, CHENNAI CITY. ... PETITIONER/APPELLANT
Vs
VEERASAMY(DIED)
1 ALAMELU 2 GOVINDARAJ
3 SADASIVAM
4 KARUNANITHI
5 VENKATACHALAM ... RESPONDENTS/RESPONDENTS
6 JOTHILAKSHMI 7 MANOHARAN ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 395 days in re-presentation of appeal CMA SR (MD).No.3973 of 2019 on the file of this Hon'ble Court.
PRAYER IN CMA(MD)SR.No.3973 of 2019:
To set aside the fair and decreetal order dated 20.07.2018 made in MCOP No.45 of 2021 on the file of Motor Accidents Claims Tribunal, (III Additional District & Sessions Judge) Thanjavur at Pattukkottai, and allow this Civil Miscellaneous appeal.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.SRINIVASA RAGAVAN, Advocate for the petitioner, the court made the following order:-
This petition has been filed to condone the delay of 395 days in representing the civil miscellaneous appeal in CMA(MD)SR.No.3973 of 2019.
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CMP.(MD)No.8336 of 2021
2.Being satisfied with the reasons assigned in the affidavit filed in support of this petition, the delay is condoned and this petition is ordered on condition that the petitioner shall pay a sum of Rs.1,000/- to the credit of Madurai Bench of Madras High Court Advocates Welfare Fund, Indian Bank High Court Branch, Madurai, Current A/C.No.7087208431, IFSC Code-IDIBI000H040, within a period of two weeks.
3.In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order.
/ TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR AT PATTUKKOTTAI.
COPY TO:
THE OFFICER INCHARGE, MADURAI BENCH OF MADRAS HIGH COURT ADVOCATES WELFARE FUND TRUST, MADURAI.
ORDER
IN
CMA(MD)SR.No.3973 of 2019
SA/JM/SAR.4/01.11.2021/2P/3C
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1 issue framed by the court
whether the delay of 395 days in re-presenting the appeal can be condoned
THE BRANCH MANAGER CHOLAMANDALAM GENERAL INSURANCE CO.LIMITED
VEERASAMY(DIED)
1 ALAMELU
2 GOVINDARAJ
3 SADASIVAM
4 KARUNANITHI
A.D.JAGADISH CHANDRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
