Madras High Court
The Manager vs Dhanalakshmi on 26 February, 2021
C.M.P. (MD) No.1709 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.P. (MD) No.1709 of 2021
in
CMA(MD).No.SR45387 of 2013
The Manager
New India Assurance Co.,Ltd.,
Amman Complex 1st Floor
1360, EVN Road, Erode 638 011 : Petitioner/Appellant
Vs.
1.Dhanalakshmi
2.Soundarrajan
3.Chidambaram
4.Ramadevi
5.The Manager
Cholamandalam MS General Insurance Co.,Ltd.,
1st Floor, Annai Plaza, No.5, Kovai Road
Opposite to AKC Petrol Pump, Karur
: Respondents/Respondents
PRAYER in C.M.P(MD).No.1709 of 2021: The Civil Miscellaneous
Petition has been filed under Order IV Rule 9(4) of A.S Rules, to
condone the delay of 2405 days in representing the above Civil
Miscellaneous Appeal.
1/6
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C.M.P. (MD) No.1709 of 2021
PRAYER in C.M.A.(MD).SR.No. 45387 of 2013: The Civil
Miscellaneous Appeal has been filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and Decree dated
01.04.2013 passed in MCOP.No.494 of 2011 on the file of the Motor
Accident Claims Tribunal (District Judge) Karur.
For Petitioner : Mr.R.Prabhu Rajadurai
ORDER
This petition has been filed by the petitioner seeking to condone
the delay of 2405 days in representing the above Civil Miscellaneous
Appeal.
2.The learned counsel for the petitioner would state that the
petitioner filed the appeal on 11.10.2013. The Court office has returned
the appeal papers for production of original deposit receipt.
Subsequently, the petitioner intimated the same to his Divisional Office
and the Divisional Officer paid the conditional amount on 25.07.2013
before the learned MACT, Karur and forwarded the copy of the same to
the petitioner's Regional Office. However, due to oversight, the
petitioner failed to send the said deposit receipt to the counsel under the
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C.M.P. (MD) No.1709 of 2021
wrong impression that he had immediately forwarded the same to the
Counsel. In the month of November 2020, while doing pending work,
the petitioner came to know that the said deposit receipt was not sent to
his counsel and we had misplaced the same. Immediately on 19.11.2020,
the petitioner obtained a fresh copy from the learned MACT to represent
the appeal along with said deposit receipt. In the above circumstances,
there has been a delay of 2405 in representing the above appeal.
3. Heard the learned counsel for the petitioner and also perused
the materials available on record.
4.The petitioner has stated in a routine manner that he filed the
appeal on 11.10.2013. The Court office has returned the appeal papers
for production of original deposit receipt and certain other documents.
Thereafter, the original deposit receipt was received from the learned
MACT, Karur. However, due to oversight, the petitioner failed to send
the said deposit receipt to the counsel under the wrong impression that
he had immediately forwarded the same to his Counsel. In the month of
November 2020, while doing pending work, the petitioner came to know
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C.M.P. (MD) No.1709 of 2021
that the said deposit receipt was not sent to his counsel and we had
misplaced the same. Due to the above reason, there was a delay of 2405
days in representing the appeal.
5. It is seen that no valid reason has been adduced for condoning
the delay of 2405 days in representing the above Civil Miscellaneous
Appeal. The delay is not minimal and it is a very long delay. The reasons
stated for the delay are not acceptable reasons. Therefore, this Court is
not inclined to condone the delay of 2405 days in representing the
appeal. Relying on the principles enumerated in the Judgment reported in
Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar
Academy & others, [2013 (5) CTC 547 (SC) : 2013 (5) LW 20], I am
not inclined to condone the delay. Accordingly, this Civil Miscellaneous
Petition is dismissed. In view of the order passed in CMP(MD)No.1709
of 2021, connected C.M.A.(MD)SR.No.45387 of 2013 is rejected at the
SR stage itself. No costs.
26.02.2021
Internet : Yes / No
Index : Yes / No
msa
http://www.judis.nic.in
C.M.P. (MD) No.1709 of 2021
Note:In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
Advocate/litigant concerned.
To
The Motor Accident Claims Tribunal
(District Judge) Karur.
http://www.judis.nic.in
C.M.P. (MD) No.1709 of 2021
J.NISHA BANU,J.
msa
C.M.P. (MD) No.1709 of 2021
in
CMA(MD).No.SR45387 of 2013
26.02.2021
http://www.judis.nic.in
