Madras High CourtCMP(MD)/4761/2019ordered

The Divisional Manager, v. Tmt.B.Sundari,

2019-06-03Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Third day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4761 of 2019 IN CMA(MD) No.SR45015 of 2018 THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE AT 3RD FLOOR, CHERAN TOWERS, NO.82, GOVERNMENT ARTS COLLEGE ROAD, COIMBATORE. ... PETITIONER/ APPELLANT Vs 1 B.SUNDARI 2 MINOR.SARATHAPRIYA (REP. BY HER NEXT FRIEND, GUARDIAN AND MOTHER B.SUNDARI) 3 R.CHANDRA 4 K.VENKATACHALAPATHY ... RESPONDENTS/ RESPONDENTS 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 154 in paying the deficit court fee of Rs.17,130/- in the above CMA.SR.No.45015 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR45015 of 2018:

To set aside the order of the Motor Accident Claims Tribunal cum Principal District Judge, Karur made in M.C.O.P.No.40/2018, dated 12.04.2018.

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:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 154 days in paying the deficit Court fee. https://hcservices.ecourts.gov.in/hcservices/ 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 the to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of 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.

4. In the event of payment of cost, the Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 03/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR.

COPY TO:

1 THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTTEE, 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.4761 of 2019 IN CMA(MD) No.SR45015 of 2018 Date :03/06/2019 JM/VR/SAR 3/10.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/