The court allowed the petitioner's petition to set aside the dismissal order and restore the Civil Miscellaneous Appeal, finding no cost required to allow the petition as the original penalty had been paid.
Dismissal order set aside; C.M.P(MD) No.5405 of 2019 restored on file.
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.
CMP(MD). No.8184 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Friday, the Fifth day of July Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
C.M.P(MD). No.8184 of 2024 in C.M.P.(MD). No. 5405 of 2019 in C.M.A.(MD).SR.No.21198 of 2019
M/s. United India Insurance Co. Ltd., Divisional Office, Promenade Road, Cantonment, Trichy, Trichy District.
... Petitioner/Appellant
Vs
S.David Thomas Paneerselvam (Died)
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CMP(MD). No.8184 of 2024
Prayer in C.M.P(MD). No.8184 of 2024 :-
This Petition is filed Under Order 41 Rule 19 of Civil Procedure Code praying to set aside Dismissal order dated 29.07.2019 and restore this C.M.P(MD).No.5405 of 2019 and permit this petitioner/appellant to proceed further.
Prayer in C.M.P.(MD). No. 5405 of 2019 :-
This Petition is filed Under Section 173(1) of Limitation Act to condone the delay of 315 days in filing the Civil Miscellaneous Appeal in C.M.A.(MD). SR.No.21198 of 2019 against fair and decreetal order dated 28.04.2018 made in M.C.O.P.No.598 of 2015 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Tiruchirappalli.
ORDER:- This Petition 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. B.Rajesh Saravanan, Advocate for the Petitioner and of Mr. N.Sudhagar Nagaraj, Advocate for the respondent No.1 herein, this Court made the following order:
This petition has been filed to set aside the dismissal order, dated
29.07.2019 and restore CMP(MD) No.5405 of 2019.
2.In CMP(MD) No.5405 of 2019, to condone the delay of 315 days in
filing the appeal, cost of Rs.1,000/- was ordered by this Court on 29.07.2019 and the same was paid.
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CMP(MD). No.8184 of 2024
3.Hence, there is no cost required to allow this petition. This petition
is allowed and CMP(MD) No.5405 of 2019 is restored on file.
Sd/-
Assistant Registrar ( CS-I )
// True Copy //
/08/2024 Sub Assistant Registrar (CS - I/ II / III / IV)
TO
The Special Sub Judge, The Motor Accident Claims Tribunal Tiruchirappalli.
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
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CMP(MD). No.8184 of 2024
ORDER DATED : 05/07/2024
========================== RESTORATION
==========================
C.M.P(MD). No.8184 of 2024 in
C.M.P.(MD). No. 5405 of 2019 in C.M.A.(MD).SR.No.21198 of 2019
RE (24.08.2024) 4P/ 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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2 issues framed by the court
Whether the petition to set aside the dismissal order and restore the appeal should be allowed?
Whether the delay in filing the appeal should be condoned?
2 provisions across 2 enactments
M/s. United India Insurance Co. Ltd.
R. Selvaraj
S. David Thomas Paneerselvam
De. Jyaseeli
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
