Allowed

S.Thoottishwari v. the Managing Director

Madras HC19 Feb 2024CMP(MD)/215/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a Civil Miscellaneous Petition filed under Order 41 Rule 19 and Rule 151 CPC to restore a Motor Accident Appeal dismissed for default, accepting the appellant's explanation of unavailability.

What did the court decide?

The petition to restore the civil miscellaneous appeal dismissed for default is allowed. The appeal is listed for hearing on 27.02.2024.

S.Thoottishwari Vs the Managing Director — Motor Accident Claims | Madras HC (2024)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Civil Appellate Jurisdiction

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Monday, the Nineteenth day of February Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice P.DHANABAL

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CMP(MD). No.215 of 2022 in CMA(MD).1152 of 2011

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S.Thoottishwari

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... Petitioner/Appellant

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1 The Managing Director, SETC, Pallavan House, Anna Salai, Chennai. ... Respondent/Respondent

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Prayer :-

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Civil Miscellaneous petition filed Under Order 41 Rule of 19 r/w 151 of CPC to restore the civil miscellaneous appeal in CMA(MD).1152 of 2011 which was dismissed for default on 31-08-2017.

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Prayer in CMA(MD).1152 of 2011 :

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Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act,1988, challenging the award dated 23.04.2010 made in MCOP Nos.300 of 2008 on the file of Motor Accident Claims Tribunal cum Additional Subordinate Court, Thanjavur.

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ORDER:- This Civil Miscellaneous petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.Ganapathisubramaniyan, Advocate for the Petitioner and of Mr.M.Prakash Advocate for Respondent, this Court made the following order:

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

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1/3

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This petition has been filed to restore the Civil Miscellaneous Appeal which was dismissed for default on 31.08.2017.

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It is represented by the learned counsel for the petitioner that the learned

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counsel for the petitioner was engaged in another Court and he was not able to appear before this Court.

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The learned counsel for the respondent has not filed any counter.

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Considering the reasons stated in the affidavit in support of this petition, and considering the facts and circumstances of this case, this petition stands allowed.

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Registry is directed to list the appeal on 27.02.2024.

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Sd/-

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Assistant Registrar(CO)

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// True Copy //

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/02/2024 Sub Assistant Registrar (CS – I/ II / III /IV)

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The Additional Subordinate Judge/ Motor Accident Claims Tribunal, Thanjavur.

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

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2/3

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

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The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai

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ORDER DATED : 19/02/2024

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NEXT DATED : 27/02/2024

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==========================

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RESTORATION ORDER ==========================

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CMP(MD). No.215 of 2022 in CMA(MD).1152 of 2011

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Giving direction and etc. as stated within.

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MK/23.02.2024 3P 5C

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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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S.Thoottishwari v. the Managing Director

Case brief

What is this about?

What did the court decide?

S.Thoottishwari v. the Managing Director

Case brief

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