The High Court dismissed a civil miscellaneous appeal by non-prosecution. The appellant failed to serve notice on the first respondent by the deadline and did not appear, leading the Court to infer a lack of interest in pursuing the appeal.
Appeal dismissed for non-prosecution. No costs.
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.
C.M.A.No.4329 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2024
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.4329 of 2019
N. Murugan ... Appellant
..Vs..
1.M/s.Sri Vishweswara Transport Co-op. Society Ltd., C/o. M/s.Rama Rao and Sons Dairy Farm, PO: Junglighat, Port Blair District, Andaman, Andaman and Nicobar Islands-744 103.
2.United India Insurance Company Limited B.O, 1st Floor, Police Gurudwara Building Aberden Bazaar, Port Blair Andamans-744 101 and having one of the Divisional Office at 104-A-Peramanur Main Road Peramanur, Salem-636 007. ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 13.07.2016 made in MCOP No.664 of 2008 dated 13.07.2016, on the file of the Motor Accident Claims (Special Subordinate Court No.1) Salem.
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For Appellant : No Appearance For Respondents : No Appearance
J U D G M E N T
There is no representation on both sides. This Court, by its order dated 19.12.2023 had made it clear that if steps are not taken to serve the notice on the first respondent on or before 03.01.2024, the appeal shall stand automatically dismissed as against the first respondent.
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C.M.A.No.4329 of 2019
non-prosecution. No costs.
08.04.2024
Index:Yes/No Internet:Yes/No Speaking/Non-speaking order uma
To
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C.M.A.No.4329 of 2019
ABDUL QUDDHOSE, J.
uma
C.M.A.No.4329 of 2019
08.04.2024
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1 issue framed by the court
Whether a civil miscellaneous appeal shall be dismissed when the appellant fails to serve notice on the first respondent within the stipulated time and does not appear.
N. Murugan
M/s. Sri Vishweswara Transport Co-op. Society Ltd.
United India Insurance Company Limited
Abdul Qudhosse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
