Madras High CourtCMP(MD)/5344/2019ordered

M.Nesamony, v. M/S.Indian Rare Earths Ltd.,

2019-06-21Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty First day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5344 of 2019 IN CMA(MD) No.SR8799 of 2019 M.NESAMONY ... PETITIONER/ PETITIONER Vs M/S.INDIAN RARE EARTHS LIMITED, MANAVALAKURICHI PLANT, MANAVALAKURICHI, MANAVALAKURICHI VILLAGE, KALKULAM TALUK, KANYAKUMARI DISTRICT. ... 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 108 days in paying the deficit Court Fee of Rs.13,176/- in the circumstances of this case and render justice. PRAYER IN CMA(MD) No.SR8799 of 2019:

Pleased to set aside the Order dated 24.07.2018 passed in Ar.O.P.No.4 of 2009 before the Hon'ble District Judge, Kanyakumari at Nagercoil.

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.G.PRABHU RAJADURAI, 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 108 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.500/- (Rupees five hundred only) to the Legal Aid Service Authority, 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.

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

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/- 21/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT JUDGE, KANYAKUMARI AT NAGERCOIL.

COPY TO:

1.THE AUTHORITY OFFICER, LEGAL AID SERVICE, 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.5344 of 2019 IN CMA(MD) No.SR8799 of 2019 Date :21/06/2019 TK/JC/SAR.2/26.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/