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Madras High CourtCMP(MD)/1235/2020ordered

The Branch Manager v. T.Meena

2020-02-19Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

CMP(MD) No.1235 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Mr.Justice T.RAVINDRAN CMP(MD) No.1235 of 2020 and CMA(MD)SR.NO.52726 of 2018 THE BRANCH MANAGER THE NATIONAL INSURANCE COMPANY LTD., 1ST FLOOR, NO.333/1, CHEKKALAI ROAD, NEAR FIVE LAMP, KARAIKUDI.

... PETITIONER/ APPELLANT Vs 1 T.MEENA 2 MINOR.HARIHARAN 3 MINOR.T.HARITHARINI (MINOR RESPONDENTS 2 & 3 ARE REP.BY MOTHER AND GUARDAIAN THE 1st RESPONDENT) 4 REVATHI 5 THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., THILLAI NAGAR, BLA KANAGA TOWERS, 2ND CROSS STREET, TRICHY.

... RESPONDENTS/ RESPONDENTS (IMPLEADED AS 3RD RESPONDENT AS PER THE ORDER DATED 02.02.2018 IN I.A.NO.452/2017) 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 392 days in payment of deficit court fee of Rs.73,241/- in CMA.SR.No.52726 of 2018 on the file of this Honourable Court and thus render justice.

PRAYER IN CMA(MD)SR.NO.52726 of 2018:

To set aside the fair and decreetal order dated 06.08.2018 made in M.C.O.P.No.62 of 2014 on the file of Motor Accident Claims Tribunal(Sub Judge), Devakkottai.

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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1235 of 2020 (Order of the Court was made by M.DURAISWAMY,J) There is a delay of 392 days in paying the deficit Court fee of Rs.73,241/-

2. Though the petitioner has explained the reasons for the delay in the affidavit filed in support of the petition, since he delay is on the higher side, we are of the view that the same can be condoned on payment of costs.

3. Accordingly, the delay of 392 days in paying the deficit Court fee of Rs.73,241/- is condoned on condition that the petitioner paying a sum of Rs.500/(Rupees Five Hundred Only) as costs to the Hon'ble Chief Justice Relief Fund within a period of one week from the date of receipt of a copy of this Order, failing which, the petition shall stand dismissed automatically without any further reference to this Court.

4. Accordingly, the petition is ordered.

sd/- 19/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL, DEVAKKOTTAI.

COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.1235 of 2020 and CMA(MD)SR.NO.52726 of 2018 Date :19/02/2020 MS/VR/SAR-3/25.02.2020/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2