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  5. November

Sbi General Insurance Company Limited vs. Sivakumar (died) 1.nandhini

Decided on 29 November 2024• Citation: CMP(MD)/17240/2024• Madras High Court
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                                                               C.M.P.(MD)No.17240 of 2024
               BEFORE  THE  MADURAI   BENCH  OF  MADRAS   HIGH COURT              
                              ( Civil Appellate Jurisdiction )                    
          Friday, the Twenty Ninth day of November Two Thousand and Twenty Four   
                                       PRESENT                                    
                    The HONOURABLE    MRS. JUSTICE R. KALAIMATHI                  
                               C.M.P.(MD)No.17240 of 2024                         
                                          in                                      
                             C.M.A.(MD) SR.No.21885 of 2024                       
      SBI GENERAL   INSURANCE   COMPANY    LIMITED,                               
      2ND  FLOOR, WARD   NO.A1, BLOCK  NO.15,                                     
      TSO  949 -10, DOOR NO.104, EXCELLENCE                                       
      BUILDING   RACE COURT   ROAD,                                               
      COIMBATORE     - 64 018.                          ... Appellant / Petitioner
                                       Vs                                         
      SIVAKUMAR    (DIED)                                                         
      1.NANDHINI                                                                  
      2 MINOR.SAILESH                                                             
      3 MINOR.KAYAL                                                               
      D/O.LATE.SIVAKUMAR,                                                         
      (REPRESENTED   BY 2ND                                                       
      PETITIONER  MOTHER    NANDHINI   OUR  MINOR  CHILDREN'S)                    
      4 JAMUNA                                                                    
      5 NADARAJAN                                                                 
      6 P.K.VASUDEVAN                           ... Respondents/ Respondents      
  https://www.mhc.tn.gov.in/judis                                                 
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                                                               C.M.P.(MD)No.17240 of 2024
              Civil Miscellaneous Petition filed praying that in the circumstances stated
      therein and in the affidavit filed therewith the High Court may be pleased to condone
      the delay of 41 days in filing the appeal against the judgment and decree in
      M.C.OP.No.50  of 2018 dated 09.11.2023 on the filr of Motor Accidents Claims
      Tribunal (The Honourable Subordinate Judge), Thuraiyur pending disposal of the
      above appeal.                                                               
      PRAYER   IN C.M.A.(MD) SR.No.21885 of 2024                                  
                To  set aside the Common  Order  in  M.C.OP.No.50  of 2018 dated  
      09.11.2023 on the filr of Motor Accidents Claims Tribunal (The Honourable   
      Subordinate Judge), Thuraiyur.                                              
      ORDER   : This Civil Miscellaneous petition coming up for orders on this day, upon
      perusing the petition and the affidavit filed in support thereof and upon hearing the
      arguments  of M/s.N.SHYLLAPPAKALYAN,      Advocate for the petitioner and of
      M/s.J.ANANDKUMAR,     Advocate on behalf of the Respondent the court made the
      following order:-                                                           
           This petition is filed to condone the delay of 41 days in filing the above appeal.
           2.  Heard  the learned counsel for the petitioner/appellant and the first
      respondent. The learned counsel for the first respondent has raised objection in
      allowing this petition.                                                     
           3. Being satisfied with the reasons stated in the affidavit filed in support of this
  https://www.mhc.tn.gov.in/judis                                                 
      2/4                                                                         

                                                               C.M.P.(MD)No.17240 of 2024
      petition, this petition is allowed on the payment of costs of Rs.500/- to the High
      Court Legal Services Committee attached to this Court, within a period of two weeks
      from the date of receipt of a copy of this order. Failing which, this petition shall stand
      automatically dismissed without further reference to this Court.            
                                             sd/-                                 
                                             29/11/2024                           
                                 / TRUE COPY  /                                   
                                                            02 / 12 /2024         
                                           Sub-Assistant Registrar (C.O.)         
                                          Madurai Bench of Madras High Court,     
                                              Madurai - 625 023.                  
      APD                                                                         
      TO                                                                          
      The Motor Accidents Claims Tribunal (The Honourable Subordinate Judge),     
      Thuraiyur                                                                   
      COPY  TO                                                                    
      The Officer Incharge.                                                       
      High Court Legal Services Committee,                                        
      Madurai Bench of Madras High Court, Madurai.                                
                                                                         ORDER    
                                                                              IN  
                                                       C.M.P.(MD)No.17240 of 2024 
                                                                              in  
                                                   C.M.A.(MD) SR.No.21885 of 2024 
                                                                Date :29/11/2024  
  https://www.mhc.tn.gov.in/judis                                                 
      3/4                                                                         

                                                               C.M.P.(MD)No.17240 of 2024
      PSP/   /SAR     /02.12.2024/ 4P/ 3C                                         
      Madurai Bench of Madras High Court is issuing certified                     
      copies in this format from 17/07/2023                                       
  https://www.mhc.tn.gov.in/judis                                                 
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