Allowed

The Manager v. Benazir Begum

Madras HC28 Nov 2024CMP(MD)/15463/2024

Case brief

AI extract

What is this about?

The Madras High Court condoned a 45-day delay in filing a civil appeal by the insurance company against a motor accident decree. The petitioner was directed to deposit Rs.500 as costs to the Cancer Institute within 15 days, failing which the petition stands dismissed.

What did the court decide?

Condonation of 45-day delay allowed on condition of depositing Rs.500 costs to the Cancer Institute within 15 days; otherwise, automatic dismissal.

The Manager Vs Benazir Begum — Execution and Attachment | Madras HC (2024)

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C.M.P.(MD)No.15463 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Thursday, the Twenty Eighth day of November Two Thousand and Twenty Four

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PRESENT

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The HONOURABLE MRS. JUSTICE R. KALAIMATHI

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C.M.P.(MD)No.15463 of 2024 in C.M.A.(MD)SR.No.37483 of 2024

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THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, SEENIVASAM PILLAI ROAD, LIC ZONA OFFICE, GANDHIJI ROAD, THANJAVUR CORPORATION, THANJAVUR DISTRICT.

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... PETITIONER/APPELLANT

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1 BENAZIR BEGUM

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2 MINOR.PEER MOHAMMAD

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(MINOR REPONDENT 2 REPRESENTED THROUGH THEIR MOTHER AND NEXT FRIEND THE 1ST RESPONDENT, BENAZIR BEGUM)

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3 THAVAKAL BATCHA

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4 HAVVAGANI

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https://www.mhc.tn.gov.in/judis 5 THIYAGARAJAN

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C.M.P.(MD)No.15463 of 2024

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6 PRABAKARAN

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... RESPONDENTS/RESPONDENTS

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Civil Miscellaneous 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 45 days in filing the CMA(MD). Sr. 37483/2024 and thus render justice.

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PRAYER IN C.M.A.(MD)SR.No.37483 of 2024:

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Pleased to set aside the Impugned Fair and Decreetal order passed by Learned Special District Court / MACT, Thanjavur in MCOP.No.655 of 2020 dated 07.12.2023 as against the appellant and allow the appeal.

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ORDER : This Civil Miscellaneous 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.N.DILIPKUMAR, Advocate for the petitioner and of Mr.P.EDIN BROUGH, Advocate for the Respondents No.1 to 4, the court made the following order:-

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This petition is filed to condone the delay of 45 days in filing the above appeal.

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2.Heard the learned counsel for the petitioner/appellant. The learned counsel

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for the respondents No.1 to 4, has no objection in allowing this petition.

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3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition to deposit costs of Rs.500/- to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai-20 (payable in S.B.A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai - 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497) within a period of 15 https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)No.15463 of 2024

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days from the date of receipt of a copy of this order. Failing which, this petition shall

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stand automatically dismissed without any reference to this Court.

sd/-

28/11/2024

/ TRUE COPY /

29/11/2024

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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JBR TO

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THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.

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COPY TO: THE OFFICER INCHARGE, CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI-20

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ORDER IN CMP(MD) No.15463 of 2024 Date :28/11/2024

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SA/SAR. /29.11.2024/3P/3C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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https://www.mhc.tn.gov.in/judis

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The Manager v. Benazir Begum

Case brief

What is this about?

What did the court decide?

The Manager v. Benazir Begum

Case brief

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