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Madras High CourtCMP(MD)/7355/2020ordered

The Divisional Manager v. Mahalakshmi

2021-01-04Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7355 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7355 of 2020 and CMA(MD)No.SR60592 of 2019 THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, HAVING ITS OFFICE AT 1ST FLOOR, LYOIA CAMPUS, SALAI ROAD, DINDIGUL TOWN. ... PETITIONER/APPELLANT Vs 1 MAHALAKSHMI 2 MINOR.PARASURAM 3 MARIMUTHU 4 MARIAMMAL (MINOR 2ND RESPONDENT REPRESENTED THROUGH HIS MOTHER AND GURDIAN 1ST RESPONDENT) 5 NATARAJAN ... 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 days 145 in paying the deficit court fee of Rs.20660/- in the above C.M.A.S.R.No.60592 of 2019 and thus render justice.

PRAYER IN CMA(MD)No.SR60592 of 2019:

Pleased to set aside the order of the Motor Accident Claims Tribunal cum Additional District Judge, Dingigul made in M.C.O.P.No.534/2013, dated 19.06.2018 and allow the appeal with costs and render justice.

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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner, the court made the following order:- Heard.

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

CMP(MD) No.7355 of 2020 This petition has been filed by the petitioner seeking to condone the delay of 145 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 Services Committee, attached to this Bench,within a period of one week from the date of receipt of a 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 appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 04/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

COPY TO:

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

ORDER

IN CMP(MD) No.7355 of 2020 and CMA(MD)No.SR60592 of 2019 Date :04/01/2021 PKN TK/VR/SAR.4/06.01.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2