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Madras High CourtCMP(MD)/447/2021ordered

Sankar v. Mariyarose Kamalam

2021-01-25Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.447 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.447 of 2021 in CMA(MD)SR.No.37227 of 2020 SANKAR ... PETITIONER/APPELLANT Vs 1 MARIYAROSE KAMALAM 2 PRAKSAH ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 93 days in payment of deficit court fee of Rs. 520/- in CMA SR (MD). No. 37227 of 2020 on the file of this Honourable Court.

PRAYER IN CMA(MD)SR.No.37227 of 2020:

To set aside the fair and decreetal order dated 17.12.2019 and made in MCOP.No.40 of 2018 on the file of Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai, allow the above appeal.

ORDER : This petition coming up for orders on this day, 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:- This petition has been filed by the petitioner seeking to condone the delay of 93 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 Authority, attached to this Bench,within a period of two weeks 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.447 of 2021 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/- 25/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

COPY TO:

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

ORDER

IN CMP(MD) No.447 of 2021 in CMA(MD)SR.No.37227 of 2020 Date :25/01/2021 msa AE/KV/SAR-I (01/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2