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Madras High CourtCMP/10816/2021ordered

M.Ashok Kumar v. The Managing Director

2021-07-23Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Twenty Third day of July Two Thousand Twenty One PRESENT THE HON`BLE MRS JUSTICE S. KANNAMMAL CMP No.10816 of 2021 in CMA.SR.NO.59516/2021 M.ASHOK KUMAR [ PETITIONER ] Vs THE MANAGING DIRECTOR [ RESPONDENT ] TAMILNADU STATE TRANSPORT CORPORATION LTD.

KUMBAKONAM TRICHY REGION.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order for exemption of Court Fee for a sum of Rs.4000 in the above CMA and to pass such and proper order in the circumstances of the case. (CMP.10816/2021) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.G.TERRY CHELLA RAJA, Advocate for the petitioner the court made the following order:- This petitions is filed by the petitioner / appellant / claimant seeking exemption from payment of Court fee of Rs.4,000/-.

2. Heard the learned counsel for the petitioner.

3. The Tribunal vide award dated 24.01.2020 made in M.C.O.P.No.8615 of 2015 on the file of the Principal Special Judge, Special Court Under E.C & NDPS Act, Chennai, had dismissed the claim petition. Against the said order, the claimant came out with the appeal and for claiming compensation. Along with the appeal, the present CMP is filed, seeking for exemption of Court fee for a sum of Rs.4,000/-.

4. It is submitted by the learned counsel for the petitioner that due to the injuries sustained by the petitioner, he is spending more money towards medical expenses and he is unable to pay the required Court fee.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the aforesaid submissions as well as the reasons stated in the affidavit filed in support of this petition, this Court is of the view that exemption of 50% of the Court fee, i.e., Rs.2,000/- to the claimant would meet the ends of justice. Accordingly, this petition is partly-allowed, by exempting 50% of the Court fee payable by the petitioner. The petitioner / claimant is directed to pay the balance 50% of the court fee, i.e., Rs.2,000/- in the above Appeal, within four weeks from the date of receipt of a copy of this order. However, it is made clear that in the event of the petitioner / appellant / claimant, succeeding in the Appeal, he shall pay the necessary court fee for the entire compensation amount. The Registry is directed number the appeal on payment of Rs.2,000/- towards Court fee, if it is otherwise in order and post it in regular course.

-sd/- 23/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE PRINCIPAL SPECIAL JUDGE, SPECIAL COURT NDER E.C & NDPS ACT, CHENNAI.

Order in CMP.10816/2021 in CMA.SR.NO.59516/2021 Date :23/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM 04/08/2021 https://hcservices.ecourts.gov.in/hcservices/