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Madras High CourtCMP(MD)/4841/2019ordered

The Branch Manager v. Govindasamy

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4841 of 2019 IN CMA(MD) No.SR27889 of 2018 THE BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LTD, 96, BHARATHIYAR ROAD, SATTUR, (POLICY NO.72170131080100200098) ... PETITIONER/APPELLANT Vs 1 GOVINDASAMY 2 MALLIGA ... 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 252 days in paying the Deficit Court Fee of Rs.1410/- in the above CMA SR No.27889 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR27889 of 2018:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Sub Court, Srivilliputhur, in MCOP No.15 of 2011 dated 22nd day of August, 2017.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.D.SIVARAMAN, 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 252 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.1000/- (Rupees one thousand 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 https://hcservices.ecourts.gov.in/hcservices/

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 appeal, if it is otherwise in order and list the same "for admission" forthwith.

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

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

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.4841 of 2019 IN CMA(MD) No.SR27889 of 2018 Date :06/06/2019 msa PK/JC/SAR-2/11.06.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/