CMP(MD) No.4584 of 2023 in CMA(MD) No.244 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15-07-2026 CORAM THE HONOURABLE MR JUSTICE K.MURALI SHANKAR C.M.P(MD) No.4584 of 2023 in C.M.A(MD)No.244 of 2023 Mohammed Kasim : Petitioner Vs 1.Velladurai 2.The Manager, TATA AIG General, Insurance Co.Ltd., North Block, IIIrd Floor, A.A.Tower, Bypass Road, Madurai. : Respondents Prayer in CMP(MD)No.4584 of 2023 : This Civil Miscellaneous Petition filed seeking orders to set aside the order or dismissal for non-prosecution, dated 13.03.2023 made in C.M.A(MD)No.244 of 2023. Prayer in CMA(MD)No.244 of 2023 : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the fair and decreetal order passed in M.A.C.O.P.No.206 of 2016 by order, dated 08.01.2020 on the file of the Special Sub Court, Dindigul District. For Petitioner : Mr.A.Arul Jenifer For Respondents : Mr.V.Sakthivel, for R2. : No Appearance, for R1. 1/2 https://www.mhc.tn.gov.in/judis CMP(MD) No.4584 of 2023 in CMA(MD) No.244 of 2023 ORDER The above petition has been filed seeking orders to set aside the dismissal order, dated 13.03.2023 made in CMA(MD)No.244 of 2023 and to restore the appeal. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent. 3. The learned counsel appearing for the second respondent would submit that the petition may be allowed, subject to the condition that the petitioner shall not be entitled to interest for the period from 13.03.2023 till today, i.e., 15.07.2026. 4. The learned counsel appearing for the petitioner also agreed to the said condition and made an endorsement to that effect. 5. Considering the above, this Court is inclined to allow the petition. Accordingly, this petition is allowed and the Registry is directed to take the appeal, on file. The petitioner/claimant is not entitled to interest for the period from 13.03.2023 till today, i.e., 15.07.2026. 15-07-2026 das To The Special Sub Court, Dindigul District. 2/2 https://www.mhc.tn.gov.in/judis