← Library
Madras High CourtCMP/19946/2025ordered

M/S. Rsag Logistics India Pvt Ltd. v. M/S. Vinar Systems Pvt Ltd

2025-08-19Honourable Mr Justice M. Sundar,Honourable Mr.Justice Hemant Chandangoudar2 pages

C.M.P. No.19946 of 2025 in Appeal (CAD) SR. No.55093 of 2025 C.M.P. No.19946 of 2025 in Appeal (CAD) SR. No.55093 of 2025 M.SUNDAR,J., and HEMANT CHANDANGOUDAR, J., (Order of the Court was made by M.SUNDAR, J.) Captioned 'Civil Miscellaneous Petition' (hereinafter 'CMP' for the sake of brevity) has been filed with CoD (Condonation of Delay) prayer qua 96 days in remitting deficit court fee.

2. Impugned decree is dated 27.08.2024, limitation period started ticking from 12.02.2025, 60 days is the limitation and appeal was presented on 03.04.2025 within 60 days but with deficit court fee.

3. Captioned CMP for paying deficit court fee has been filed on 04.08.2025. Though not well articulated in the support affidavit, Mr.D.Balasubramanian, learned counsel for CMP petitioner submits that when the appeal was presented on 03.04.2025, court fee was wrongly calculated. Accepting this reason, captioned CMP is ordered but with a caveat that it is open to the respondent to raise the limitation plea, if so advised and so desired. https://www.mhc.tn.gov.in/judis

C.M.P. No.19946 of 2025 in Appeal (CAD) SR. No.55093 of 2025 M.SUNDAR,J., and HEMANT CHANDANGOUDAR, J., mmi

4. Captioned CMP is ordered albeit with aforementioned caveat. There shall be no order as to costs.

(M.S.J.) (H.C.J.) 19.08.2025 mmi C.M.P. No.19946 of 2025 in Appeal (CAD) SR. No.55093 of 2025 https://www.mhc.tn.gov.in/judis