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Gunasekaran Vs the New India Assurance Co. Ltd. — Madras HC (2025) — LawSathi Research

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Madras HC
2025
Gunasekaran Vs the New India Assurance Co. Ltd.Gunasekaran v. the New India Assurance Co. Ltd.

Allowed¶21

Gunasekaran v. the New India Assurance Co. Ltd.

Delay condonation – C.M.P.No.22564 of 2024 in C.M.A.SR.No.121794 of 2024

Madras HC6 Jan 2025CMP/22564/2024

Case brief

AI extract

What is this about?

Madras High Court order dated 06-01-2025 (J. Nisha Banu and R. Sakthivel JJ.) in C.M.P.No.22564 of 2024 allowing condonation of a 783-day delay in filing C.M.A.SR.No.121794 of 2024 by Gunasekaran against an ex parte decree/award in M.C.O.P.No.1513 of 2017 involving The New India Assurance Co. Ltd.; delay condoned subject to payment of Rs.2,000/- costs to the Tamilnadu Legal Aid Services Authority, Chennai, on or before 20.01.2025, with automatic dismissal of the C.M.P. if unpaid. No statutes or precedent cases cited.

What did the court decide?

Condonation of delay of 783 days in filing C.M.A.SR.No.121794 of 2024, conditional on payment of costs of Rs.2,000/- to the Tamilnadu Legal Aid Services Authority, Chennai, on or before 20.01.2025; failing payment, the C.M.P. stands dismissed without any reference to the Court. ¶21

Why is it important?

On being satisfied with the reasons stated in the affidavit and upon hearing learned counsel for the petitioner, the Court was of the view that the delay may be condoned, however, on payment of costs. ¶21

What the court decided

AI extract

Outcome

Condonation of delay of 783 days in filing C.M.A.SR.No.121794 of 2024, conditional on payment of costs of Rs.2,000/- to the Tamilnadu Legal Aid Services Authority, Chennai, on or before 20.01.2025; failing payment, the C.M.P. stands dismissed without any reference to the Court.

Issue for consideration

Whether the delay of 783 days in filing C.M.A.SR.No.121794 of 2024 should be condoned.

Court's answer

On being satisfied with the reasons stated in the affidavit and upon hearing learned counsel for the petitioner, the Court was of the view that the delay may be condoned, however, on payment of costs.

Ratio / Principle

The delay of 783 days in filing C.M.A.SR.No.121794 of 2024 is condoned on payment of costs of Rs.2,000/- by the petitioner to the Tamilnadu Legal Aid Services Authority, Chennai, on or before 20.01.2025.

Key takeaways

If the costs is not paid on or before 20.01.2025, the C.M.P. stands dismissed without any reference to this Court.ratio¶21

Detailed headnote1 paragraphs

Delay condonation — C.M.P.No.22564 of 2024 in C.M.A.SR.No.121794 of 2024 — delay of 783 days in filing appeal against ex parte decree/award in M.C.O.P.No.1513 of 2017 — grounds: death of petitioner's mother and daughter causing mental stress and financial strain, and petitioner becoming aware of the award only on receipt of notice in I.A.No.8 of 2024 dated 28.07.2024 — delay condoned on payment of costs of Rs.2,000/- (Rupees Two Thousand only) to the Tamilnadu Legal Aid Services Authority, Chennai, on or before 20.01.2025 — failing payment of costs, the C.M.P. stands dismissed without any reference to the Court.

A

CMP NO. 22564 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-01-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU

AND

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CMP NO. 22564 of 2024

AND CMA SR NO. 121794 OF 2024

Gunasekaran S/o. Mahalingam, No.2/180, VAiyur, Pushpathur, Palani Vattam, Dindugal District

Appellant(s)

Vs

The New India Assurance Co. Ltd. No.594, 1st Floor Aapli Towers, T.P.Road, R.S.Puram, coimbatore-641 002 and 6 Others

Respondent(s)

For Appellant(s):

U. Karunakaran V Sithannan K S Murali Kumar J Ranjith Kumar S Sibbhiraj

For Respondent(s): M/s. K. Elangoo-ms/47/1986 M. Santhosh For R1 (r3 & R6 Minors Rep By R2) Batta With Petition & Enclosures Due Reg Rr2,4,5,7 Not Ready In Notice Reg Rr2,4,5,7 -------------Private Notice R-2 Rajeshwari R-4 Marimuthu R-5 Valliammal Rr3 & 6 - Minors (rep By R2) R-7 Tracking Sheet Only Filed

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

ORDER

The Civil Miscellaneous Petition has been filed to condone the delay of 783 days in filing the above C.M.A.SR.No.121794 of 2024.

It is stated in the affidavit filed in support of this petition that due to death of the mother and daughter of the petitioner, he was under heavy mental stress and financial strain and hence, he was not able to communicate with the counsel. It is further stated that due to ex parte decree, the petitioner could not file the necessary documents to prove his case in M.C.O.P.No.1513 of 2017. It is further stated that the petitioner has received notice in

I.A.No.8 of 2024 in M.C.O.P.No.1513 of 2017, dated 28.07.2024, and thereafter only he was aware of the award.

On being satisfied with reasons stated in the affidavit and upon hearing the learned counsel appearing for the petitioner, this Court is of the view that the delay may be condoned, however, on payment of costs. Accordingly, the delay is condoned on payment of costs of Rs.2,000/- (Rupees Two Thousand only) by the petitioner to the Tamilnadu Legal Aid Services Authority, Chennai, on or before 20.01.2025. If the costs is not paid on or before 20.01.2025, this C.M.P. stands dismissed without any reference to this Court.

(J.NISHA BANU J.) (R.SAKTHIVEL J.) 06-01-2025

ASI

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 783 days in filing C.M.A.SR.No.121794 of 2024 should be condoned.¶18
The court held
On being satisfied with the reasons stated in the affidavit and upon hearing learned counsel for the petitioner, the Court was of the view that the delay may be condoned, however, on payment of costs.ratio¶21

Procedural history

How this case reached the court

AI extract

Order under challenge
Ex parte decree/award in M.C.O.P.No.1513 of 2017, against which the appellant proposes to file C.M.A.SR.No.121794 of 2024¶19
Prior proceeding
Death of the petitioner's mother and daughter left him under heavy mental stress and financial strain, preventing him from communicating with his counsel¶19
Prior proceeding
Petitioner received notice in I.A.No.8 of 2024 in M.C.O.P.No.1513 of 2017, dated 28.07.2024, and only thereafter became aware of the award¶20
Prior proceeding
C.M.A.SR.No.121794 of 2024 was presented with a delay of 783 days; C.M.P.No.22564 of 2024 filed to condone the delay¶18

Parties & counsel

AI extract

appellant
Gunasekaran S/o. Mahalingam¶8
U. Karunakaran
respondent
The New India Assurance Co. Ltd.¶11
K. Elangoo, M. Santhosh

Coram

AI extract

Justice J. Nisha Banumember¶4
Justice R. Sakthivelmember¶6

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 6 Jan 2025 · January
Registered: 4 Oct 2024
Case no.: CMP/22564/2024
CNR: HCMA011691682024
Bench: J. Nisha Banu R.sakthivel
Disposal: DELAY CONDONED
Case type: CMP

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Cite this judgement

Gunasekaran v. the New India Assurance Co. Ltd., CMP/22564/2024 (MAD), decided on 6 January 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Ex parte decree/award in M.C.O.P.No.1513 of 2017, against which the appellant proposes to file C.M.A.SR.No.121794 of 2024
Death of the petitioner's mother and daughter left him under heavy mental stress and financial strain, preventing him from communicating with his counsel
Petitioner received notice in I.A.No.8 of 2024 in M.C.O.P.No.1513 of 2017, dated 28.07.2024, and only thereafter became aware of the award

View full history

Bench / Coram

Justice J. Nisha Banu and Justice R. Sakthivel

Parties & counsel