K. Ebramsha v. B. Boopalan
Case brief
What is this about?
The High Court allowed a petition to condone a 73-day delay in filing a civil miscellaneous appeal arising from a Motor Accidents Claims Tribunal decree, satisfying itself with reasons in the accompanying affidavit.
What did the court decide?
Civil Miscellaneous Appeal admitted after condoning 73 days delay.
What the court decided
CMP/5013/2017 in CMA.SR/40613/2015
CMP.No.5013 of 2017 in CMA.SR.No.40613 of 2015
N.SESHASAYEE, J.,
This petition is filed to condone the delay of 73 days in filing the above Civil Miscellaneous Appeal and against the Judgment and decree dated 17.10.2014 and made in MACT.OP.No.3737 of 2011 on the file of the Chief Small Causes Court, Motor Accidents Claims Tribunal, Chennai.
2.Since R1 is the owner of the offending vehicle, this Court does not consider that notice on him is necessary.
3.Mr.G.Udayasankar, learned counsel takes notice for the second respondent.
3.Being satisfied with the reasons stated in the accompanying affidavit filed in support of this petition, this petition stands allowed. 4.The Registry is directed to number the Civil Miscellaneous Appeal, if the papers are otherwise in order.
06.12.2023
Tsg
Issues for consideration
2 issues framed by the court
Whether the delay of 73 days in filing the civil miscellaneous appeal should be condoned.
Whether notice is necessary on the first respondent, being the owner of the offending vehicle.
Parties & counsel
- petitioner
N.SESHASAYEE
- respondent
R1
- respondent
Second Respondent
Coram
Case details
As recorded by the court registry
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