Reliance General Ins.Co.Ltd., v. Poongodi

CMP.No.1147 of 2022 in CMA.SR.No.109558 of 2022 R.SUBRAMANIAN, J.

This application has been filed seeking extension of time for complying with the conditional order dated 28.03.2019.

2.While allowing CMP.No.7247 of 2019, this Court had imposed a condition requiring the petitioner to pay the cost of Rs.500/- to Kaakkum Karangal (Old age Home) on or before 04.04.2019. It appears that two applications came up for hearing on 28.03.2019, one for condonation of delay in re-presentation and the other for payment of deficit court fee, the condition was imposed in both the applications.

3.The learned counsel for the petitioner under a mistaken believe that the condition was imposed in only one case had paid the cost of Rs.500/- within the one week period granted by this Court. It was subsequently brought to his notice that two sets of cost will have to be paid. Therefore, the learned counsel has paid Rs.500/- as cost also on 10.06.2019. Since, there was a delay in payment of cost, the applications in CMP.No.7246 & 7247 of 2019 stood automatically dismissed in terms of the order dated 28.03.2019, hence, this petition for extension of time.

4.Heard Mrs.C.Bhuvanasundari, learned counsel appearing for the petitioner.

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R.SUBRAMANIAN, J.

vs 5.Considering the fact that the cost has now been paid, the time granted to pay cost by order dated 28.03.2019 is extended till 10.06.2019 and the payment made on 10.06.2019 is deemed to be in compliance of the order dated 28.03.2019. Therefore, the petition in CMP.No.1147 of 2022 is allowed. CMP.No.7246 & 7247 of 2019 are restored.

6.The Registry is directed to number the application to condone the delay and list it on 07.02.2022.

02.02.2022 vs (1/2) CMP.No.1147 of 2022 in CMA.SR.No.109558 of 2022 https://www.mhc.tn.gov.in/judis