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The Branch Manager, v. Nagaraj

Restoration of appeal – Order 41 Rule 19 CPC

Madras HC26 Aug 2025CMP(MD)/9796/2025

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What is this about?

Restoration petition under Order 41 Rule 19 CPC; appeal dismissed for default on 07.06.2023; delay of 507 days condoned via CMP(MD)No.1894 of 2025 (allowed 17.06.2025); Section 173 Motor Vehicles Act appeal; United India Insurance Company Ltd., Kumbakonam; MCOP.No.274 of 2016, Kumbakonam Tribunal; Madurai Bench of Madras High Court; Justice K. Murali Shankar; appeal restored, listed 15.09.2025.

What did the court decide?

Restoration of the appeal in C.M.A.(MD)No.502 of 2023, setting aside the dismissal order dated 07.06.2023 and permitting the appellant to proceed; appeal listed on 15.09.2025. ¶20

The Branch Manager, Vs Nagaraj — Motor Accident Claims | Madras HC (2025)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Civil Appellate Jurisdiction

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Tuesday, the Twenty Sixth day of August Two Thousand and Twenty Five

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PRESENT

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THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR

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CMP(MD). No.9796 of 2025 in CMA(MD)No.502 of 2023

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The Branch Manager, M/s.United India Insurance Company Limited, Having its Office at No.42 - Dabeer Theru, 1st Floor, Kumbakonam, Thanjavur District. ... Petitioner/Appellant

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1 Nagaraj 2 Gopalsamy

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... Respondents/Respondents

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Prayer :-

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Civil Miscellaneous Petition filed under order 41 rule 19 of CPC to set aside dismissal order dated 07.06.2023 and restore this appeal in CMA(MD) No.502 of 2023 and permit this appellant to proceed with this appeal.

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Prayer in CMA(MD)No.502 of 2023:-

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Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act praying this Court to set aside the decree and judgment made in MCOP.No.274 https://www.mhc.tn.gov.in/judis of 2016, dated 27.10.2021, on the file of the Motor Accidents Claims

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Tribunal/Additional District Court (Fast Track Court), Additional District Judge, Kumbakonam and to dismiss the above claim.

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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. K. Appadurai, Advocate for the 1^st respondent, this Court made the following order:

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'This Civil Miscellaneous Petition has been filed to set aside the dismissal order, dated 07.06.2023 and restore the appeal in C.M.A(MD)No.502 of 2023 and permit the appellant to proceed with this appeal.

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

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3.It is evident from the records that the petitioner's earlier application in CMP(MD)No.1894 of 2025, to condone the delay of 507 days in filing the restoration petition was allowed on 17.06.2025. The present Civil Miscellaneous Petition is filed seeking restoration of the appeal in C.M.A.(MD)No.502 of 2023, which was dismissed for default on 07.06.2023.

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4.Considering the reasons assigned, this Court is inclined to allow this petition. Accordingly, this Civil Miscellaneous Petition is allowed. Registry is directed to restore the appeal on file and list the matter on 15.09.2025.

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Assistant Registrar(CO)

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// True Copy //

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/ / 2025 Sub-Assistant Registrar (C.S – I / II/ III / IV)

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

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The Motor Accidents Claims Tribunal/Additional District Court (Fast Track Court), Additional District Judge, Kumbakonam.

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