Madras High CourtCMP(MD)/4763/2019ordered

The Branch Manager, v. Muneeswari,

2019-06-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fourth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4763 of 2019 IN CMA(MD) No.SR39216 of 2017 THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., 1ST FLOOR, 7/1, WEST CAR STREET, SIVAKASI-626 123. ... PETITIONER/APPELLANT Vs 1 MUNEESWARI 2 MINOR.PANDEESWARI 2ND RESPONDENT REP.BY MOTHER AND NEXT FRIEND 1ST RESPONDENT MUNEESWARI (PETITION IS AMENDED AS PER ORDER IN IA.No.87/2013 dated 09.01.2013) 3 P.S.RAVIKUMAR 4 CHINNAMMAL 5 AZHAGAR ... 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 524 days in payment of deficit court fee of Rs.12,750/- in CMA.SR.No.39216 of 2017 on the file of this Honourable Court and thus render justice.

PRAYER IN CMA(MD) No.SR39216 of 2017:

Pleased to set aside the fair and decreetal order dated 10.04.2017 made in MCOP No.61 of 2012 on the file of Motor Accident Claims Tribunal(Sub Court), Sivakasi.

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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner, the court made the following order:- Heard.

https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed by the petitioner seeking to condone the delay of 524 days in paying the deficit Court fee.

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.1,500/- (Rupees one thousand and five hundred only) 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 revision petition if it is otherwise in order and list the same "for admission" forthwith.

sd/- 04/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAKASI.

COPY TO:

1.THE AUTHORITY OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

+1. C.C. to Mr.S.SRINIVASA RAGHAVAN Advocate SR.No.9180

ORDER

IN CMP(MD) No.4763 of 2019 IN CMA(MD) No.SR39216 of 2017 Date :04/06/2019 TK/JC/SAR-2/07.06.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/