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Madras High CourtCMP/4329/2024ordered

Tamilarasi (Tamilselvi) v. Dhakshinamoorthy

2024-04-26Honourable Mr Justice M. Nirmal Kumar4 pages

C.M.P.No.4329 of 2024 in C.R.P.No.4133 of 2023 M.NIRMAL KUMAR, J.

This Civil Miscellaneous Petition has been filed to extend the time for deposit a sum of Rs.2,00,000/- as fixed by this Court in the credit of the suit in O.S.No.21 of 2013, on the file of the Principal Subordinate Court, Tiruvannamalai.

2.The learned counsel for the petitioner submitted that this Court by order, dated 29.11.2023 directed the petitioner to deposit Rs.2,00,000/- in the suit in O.S.No.21 of 2013 within four weeks from the date of receipt of the copy of that order. There was some difficulty in receiving the order of this Court, dated 29.11.2023 and further there was some miscommunication. Due to which, within the time prescribed by this Court, certified copy could not be obtained and amount unable to be remitted in O.S.No.21 of 2013. The lower Court Counsel informed difficulty to the Presiding Officer and attempted to deposit the amount of Rs.2,00,000/-, but the same was refused to be entertained for the reason that unless obtains certified copy of the order of this Court, dated 29.11.2023, it will not be entertained and accepted. Hence, she prays for extension of time.

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3.Mr.K.Govi Ganesan, learned counsel for the respondent submits that the petitioner by approaching this Court taking time but not making the deposit within the time prescribed by this Court on 29.11.2023 despite a conditional order passed to make deposit. Hence, he has objection for granting extension of time.

4.Considering the submissions and on perusal of the materials, Registry of this Court vide R.O.C.No.110700A/2023/Comp.3, dated 24.11.2023 directed/instructed all the concerned including the Courts below to accept online order copy and to act upon accordingly. 5.In view of the above, the learned counsel for the petitioner is directed to produce online order copy of the order, dated 29.11.2023 before the Additional Subordinate Judge, Tiruvannamalai on Monday (29.04.2024) and deposit the amount of Rs.2,00,000/- in the suit in O.S.No.21 of 2013, on the file of the Additional Subordinate Court, Tiruvannamalai. The learned Additional Subordinate Judge, Tiruvannamalai is directed to accept the amount of Rs.2,00,000/-.

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6.With the above directions, this civil miscellaneous petition is ordered.

26.04.2024 vv2 Note: Issue Order Copy on 26.04.2024.

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M.NIRMAL KUMAR, J.

vv2 C.M.P.No.4329 of 2024 in C.R.P.No.4133 of 2023 26.04.2024 Page No.4 of 4