Satya v. N.Sudharsan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Thirty First day of August Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE S.VAIDYANATHAN CMP.NO.13589 OF 2021 IN CMA.SR.NO.61021 OF 2021 1 SATYA [ PETITIONERS ] 2 DHANALAKSHMI (MINOR) 3 RUDRAPRIYA (MINOR) 4 P.K.SANTHANAM 5 PACHAIYAMMAL (DIED) Vs 1 N.SUDHARSAN [ RESPONDENTS ] 2 NARAYANAMOORTY TRAVELS REP BY ITS PROPRIETOR B.NARAYANAMOORTHY NO.142 B, PETERS ROAD, THOUSAND LIGHTS, CHENNAI 600 006.
3 UNITED INDIA INSURANCE COMPANY LIMITED, NO.235, GANDHI ROAD, ARNI 632 301, TIRUVANNAMALAI DISTRICT.
4 RAJENDRAN 5 ICICI LOMBORD GENREAL INSURANCE CO LTD., ZENITH HOUSE, KESHAVRAO KHADE MARG, MAHALAXMI, MUMBAI 400 034.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order exemption of court fee of Rs.20,000/- (Rupees twenty thousand only) in Civil Miscellaneous Appeal against M.C.O.P.No.273 of 2011 dated 16.04.2021 on the file of V Court of Small Causes, Chennai(In CMP.NO.13589/2021)
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 MR.S.THIRUNAVUKKARASU, Advocate for the petitioner, the court made the following order:- C.M.P.No.13589 of 2021 is filed to exempt the petitioner from paying Court fee of Rs.20,000/- in the C.M.A.No.SR. 61021 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.61021 of 2021. Along with the same, this Civil Miscellaneous Petition has been filed for exemption of Court fee of Rs.20,000/- 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 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 It is made clear that in case any portion of the amount is withdrawn / going to be withdrawn from the amount lying in deposit with the Tribunal by any of the claimants, the Court fee shall have to be paid forthwith.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/- 31/08/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE V JUDGE, SMALL CAUSES COURT, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, CHENNAI 2 THE ASSISTANT REGISTRAR, AE SECTION, HIGH COURT, MADRAS - 104.
Order in CMP.NO.13589/2021 IN CMA.SR.NO.61021/2021 Date :31/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM(07/09/2021)