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The Branch Manager, v. Nagaraj

Madras HC2 Jun 2025CMP(MD)/1894/2025

Case brief

AI extract

What is this about?

Condonation of delay; 507 days; Section 5 Limitation Act; restoration petition; C.M.A.(MD)No.502 of 2023 dismissed for non-prosecution on 07.06.2023; United India Insurance Company Limited, Kumbakonam; Nagaraj; Gopalsamy; conditional allowance on costs of Rs.1,000 to High Court Legal Service Authority; automatic dismissal default clause; posted to 17.06.2025; Madurai Bench of Madras High Court; Justice K. Murali Shankar; CMP(MD) No.1894 of 2025.

What did the court decide?

Delay of 507 days in filing the restoration petition condoned conditionally: petition allowed on payment of cost of Rs.1,000/- to the High Court Legal Service Authority attached to the Bench on or before 16.06.2025, failing which the petition stands dismissed automatically; matter posted to 17.06.2025. ¶20

The Branch Manager, Vs Nagaraj — Madras HC (2025) — LawSathi Research

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CMP(MD) No.1894 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02-06-2025

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CORAM THE HONOURABLE MR JUSTICE K.MURALI SHANKAR

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CMP(MD) No.1894 of 2025 in CMA(MD) No.502 of 2023

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M/s.The Branch Manager, United India Insurance Company Limited, No.42, Dabeer Theru, 1^st Floor, Kumbakonam, Thanjavur District.

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Petitioner

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1.Nagaraj 2.Gopalsamy

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Respondents

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For Petitioner : Mr.B.Rajesh Saravanan, Advocate For Respondents: Mr.K.Appadurai, Advocate for R1

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This Civil Miscellaneous Petition filed under Section 5 of the Limitation Act praying to condone the delay of 507 days in filing the restoration petition to set aside the dismissal order dated 07.06.2023 and restore this appeal in C.M.A.(MD)No.502 of 2023 and permit this appellant to proceed with this appeal.

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ORDER

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The above petition has been filed seeking orders to condone the delay of 507 https://www.mhc.tn.gov.in/judis

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1/3

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CMP(MD) No.1894 of 2025

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days in filing the application to restore the appeal, which came to be dismissed for non-prosecution on 07.06.2023.

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent.

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The learned counsel appearing for the first respondent would submit that they are not having any objections to condone the delay.

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Considering the length of delay, this Court is of the view that the petitioner must be mulcted with costs. Hence, this petition will be allowed on payment of cost of Rs.1,000/- (Rupees One Thousand only) to the High Court Legal Service Authority attached to this Bench, by the petitioner on or before 16.06.2025, failing which, this petition shall stand dismissed automatically.

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