Madras High CourtCMP(MD)/10760/2017ordered

The Superintending Engineer v. Nandakumar

2017-12-07Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10760 of 2017 IN AS(MD) No.SR39729 of 2016 THE SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD, THANJAVUR.

... PETITIONER/PETITIONER / APPELLANT Vs NANDAKUMAR ... RESPONDENT/RESPONDENT/ RESPONDENT 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 10 days in filing the restore petition and to restore the above CMP(MD).No.8274 of 2017 in AS(MD).SR.No.39729 of 2016.

PRAYER IN AS(MD) No.SR39729 of 2016:- to set aside the judgment and decree passed in O.S.No.88 of 2014 on the file of the Hon'ble Principal District Court, Thanjavur dated 30.04.2015.

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.M.MOHAN BABU, Advocate for the petitioner and the court made the following order:- This petition is filed to condone the delay of 10 days in filing the restoration petition and to restore C.M.P.(MD)No.8274 of 2017.

2. In C.M.P.(MD) No.8274 of 2017,this Court by an order dated 05.10.2017 directed the petitioner to pay Rs.1000/- on or before 12.10.2017 to the Legal Aid Services Authority to condone the delay of 319 days in paying court fee. Due to non-compliance of condition, the said petition was dismissed automatically. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner submits that due to unavoidable circumstances, the petitioner could not comply with the

condition and if time is granted, he will pay Rs.1000/- and the said petition may be restored.

4.To give one more chance to the petitioner, this petition is ordered on condition that the petitioner shall pay Rs.1000/- or or before 22.12.2017. On production of receipt, the Registry is directed to restore C.M.P(MD) No.8274/2017 to file. After restoration, the petitioner shall take steps to comply with the conditions pointed out by the Registry regarding payment of court fee for proceeding further.

5. Post on 22.12.2017.

sd/- 07/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, THANJAVUR Copy to:

THE AUTHORISED OFFICER, LEGAL AID SERVICES AUTHORITY MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.10760 of 2017 IN AS(MD) No.SR39729 of 2016 Date :07/12/2017 cm SH/RR/SAR-4:19.12.2017:2p/3c https://hcservices.ecourts.gov.in/hcservices/