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Madras High CourtCMP/21924/2023ordered

M/S. Millenium Exports v. A.K. Khaja Mohideen

2023-10-09Honourable Mrs Justice T.V.Thamilselvi1 pages

C.M.P.No. 21924 of 2023 in C.R.P. SR. No. 89011 of 2021 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 464 days in payment of deficit court fee of Rs.50/- in the above C.R.P.

2. Mr.R.Abdul Mubeen, learned counsel for petitioner submitted that the above C.R.P. was filed on 29.09.2021 and the same was returned on 04.10.2021 stating that the above Civil Revision Petition was filed with deficit court fee and also to comply certain corrections. He would submit that the petitioners' earlier counsel without paying stamp duty filed the above C.R.P., and on perusal of records, the Registry found that there is a deficit of Rs.50/- in payment of court fee occurred. Thereafter, they have represented the above petition. However, the delay of 464 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one. Accordingly, this court is inclined to allow this petition. Registry is directed to number the above Civil Revision Petition if it is otherwise found to be in order. 09.10.2023 rpp https://www.mhc.tn.gov.in/judis