Bashirabee v. R.Vinoth Raj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Friday, the Twenty Seventh day of August Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE S.VAIDYANATHAN CMP.No.13563 of 2021 in CMA.No.SR.46665 of 2021 1 BASHIRABEE [APPELLANTS/PETITIONERS] 2 BATHRU NISA Vs 1 R.VINOTH RAJ [RESPONDENTS/RESPONDENT] 2 UNITED INDIA INSURANCE CO LTD, TP HUB, SILINGI BUILDING, NO.134, GREAMS ROAD, CHENNAI 600 006.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of exemption of court fee for a sum of Rs.9,000/- in the appeal and to pass such or further orders(in CMP.No.13563 of 2021) Order :This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.T.SALEEM FATHIMA, Advocate for the Appellants/petitioners the court made the following order:- C.M.P.No.13563 of 2021 is filed to exempt the petitioner from paying Court fee of Rs.9,000/- in the C.M.A.No.SR.46665 of 2021.
2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
3. The learned counsel appearing for the petitioner sought to file a Civil Miscellaneous Appeal for enhancement of compensation, which is in SR stage in C.M.A.No.SR.46665 of 2021. Along with the same, this Civil Miscellaneous Petition has been filed for exemption of Court fee of Rs.9,000/- for the present, for filing CMA. He has further undertaken to pay the Court fee at a later stage.
4. Considering the reasons stated in the affidavit filed in support of this petition, the Civil Miscellaneous Petition is ordered and the petitioner is exempted from payment of the Court https://hcservices.ecourts.gov.in/hcservices/
Fee for the present.
5. Registry is directed to ascertain the following from the Tribunal:- i) whether any amount has been deposited before the Tribunal in terms of the award.
ii) if so, whether there is any disbursement of the amount to any of the claimants.
6. It is made clear that in case any portion of the amount is withdrawn / going to be withdrawn from the amount lying in deposit with the Tribunal by any of the claimants, the Court fee shall have to be paid forthwith. If the fee is not paid within a period of one month from today (in case already withdrawn) / from the date of withdrawal of any portion of the amount (in case of not withdrawn) from the Tribunal, even though the Civil Miscellaneous Appeal has been ordered to be numbered today, it will stand automatically dismissed, on the ground of non payment of Court fee, which has been exempted for the present.
-sd/- 27/08/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE CHIEF JUDGE, THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, SMALL CAUSES COURT, CHENNAI.
COPY TO THE ASSISTANT REGISTRAR, AE SECTION, HIGH COURT,MADRAS.
Order in CMP.No.13563 of 2021 in CMA.No.SR.46665 of 2021 Date :27/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(06/09/2021) https://hcservices.ecourts.gov.in/hcservices/