Hdfc Ergo General Insurance Company Ltd v. New India Insurance Co.Ltd

in Rev.Appl.SR.No.56653 of 2023 S.S. SUNDAR , J.

and V. SIVAGNANAM, J.

[Order of the Court was made by S.S. SUNDAR, J.] This petition is filed to dispense with the payment of Court fee by the petitioner for filing a review application against the judgment of this Court in C.M.A.No.4016 of 2019, dated 15.12.2021, to which petitioner is not a party.

2.The petitioner is not a party to the Civil Miscellaneous Appeal in C.M.A.No.4016 of 2019. The grievance of the petitioner is that an order which affects the interest of the petitioner is passed without the petitioner being made as a party. This petition is filed only to dispense with the payment of Court fee seeking review of the judgment in C.M.A.No.4016 of 2019, dated 15.12.2021. The petitioner, in the affidavit filed in support of this petition, undertakes to pay such fee as may be directed to be paid, depending upon the outcome of the Review Application.

3.In view of the undertaking given by the petitioner, this Court is of the view that this petition may be ordered without even notice to the Government. Though this Court records the undertaking of the petitioner, the petitioner shall pay the Court fee which is payable, in case this Court directs to do so after the disposal of the review application, since we have not now decided the liability of the petitioner, if any, to pay the Court fee seeking review. This petition is ordered accordingly. 4.Registry is directed to number the condone delay petition, if the papers are otherwise in order.

(S.S.S.R., J.) (V.S.G., J.) 24.06.2024 mkn

S.S. SUNDAR , J.

and V. SIVAGNANAM, J.

mkn C.M.P.No.6037 of 2024 in Rev.Appl.SR.No.56653 of 2023 24.06.2024