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Madras High CourtCMP(MD)/208/2019ordered

The Branch Manager v. Pasumpon

2019-01-29Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.208 of 2019 IN CMA(MD) No.SR27908 of 2018 THE BRANCH MANAGER M/S.THE ORIENTAL INSURANCE COMPANY LTD., D.O.DINDIGUL 1ST FLOOR, LOYOLA BUILDING, SALAI ROAD, DINDIGUL.

... PETITIONER/APPELLANT Vs 1.PASUMPON 2 J.LAWRENCE RAJA 3 K.VIMALA 4 BRANCH MANAGER M/S.ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD, TVS & COOPERATIVE STORE BUILDING, NO.37, KRISHNARAO TANK STREET, MADURAI.

5 S.P.CHINNIAPPAN 6 BRANCH MANAGER M/S.NATIONAL INSURANCE COMPANY LTD, NO.7, RAJAJI STREET, GOPICHETTIPALAYAM, ERODE.

... RESPONDENTS/RESPONDENTS (Respondent Nos.3,4 & 6 given up) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of days 135 in paying the deficit court fee of Rs.9,010/- in the above CMA.SR(MD)No.27908 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR27908 of 2018:- To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Madurai made in M.C.O.P.No.1482/2011 dated 12.03.2018 and allow the appeal. 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. C.JAWAHAR RAVINDRAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

This petition has been filed to condone the delay of 135 days in paying the deficit Court fee in respect of the above civil miscellaneous appeal in C.M.A.(MD)No.SR27908 of 2018.

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.500/- (Rupees Five Hundred only) to "Bubbles Day Care Creache maintained by the Women Advocates Association, Madras High Court, Madurai Bench", within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered. On showing proof of payment, Registry is directed to number the appeal, if the papers are otherwise in order.

sd/- 29/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:-

1. THE OFFICER INCHARGE, BUBBLES DAY CARE CREACHE MAINTAINED BY THE WOMEN ADOVATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.208 of 2019 IN CMA(MD) No.SR27908 of 2018 Date :29/01/2019 https://hcservices.ecourts.gov.in/hcservices/ AE/VR/SAR-III/12.02.2019/2P/4C