The New India Assurance Co.Ltd v. Vignesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.8766 & 8767 of 2017 IN CMA(MD) Nos.SR3785 & 3789 of 2017 THE NEW INDIA ASSURANCE CO.LTD REP.BY ITS DIVISIONAL MANAGER, MARKET ROAD, THAJAVUR TOWN AND MUNSIF.
... PETITIONER/APPELLANT IN BOTH THE PETITIONS Vs 1 VIGNESH 2 RAVICHANDRAN ... RESPONDENTS/RESPONDENTS IN CMP(MD)No.8766/17 IN CMA(MD)No.SR3785/17 1 GUNASEKARAN 2 SAROJA 3 MINOR THAMARAISELVI (MINOR REPRESENTED BY HER FATHER 1st RESPONDENT ) 4 RAVICHANDRAN ... RESPONDENTS/RESPONDENTS IN CMP(MD)No.8767/17 IN CMA(MD)No.SR3789/17 Prayer in CMP(MD)No.8766/17 IN CMA(MD)No.SR3785/17: 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 213 days in paying the deficit court fee of Rs.3830/- in CMA.S.R.No. 3785 of 2017.
Prayer in CMP(MD)No.8766/17 IN CMA(MD)No.SR3785/17: condone the delay of 213 days in paying the deficit court fee of Rs.9360/- in CMA.S.R.No. 3789 of 2017 PRAYER IN CMA(MD) No.SR3785 of 2017:
to set aside the fair and decreetal order passed by the Learned Motor Accident Claims Tribunal/Special District Court, Thanjavur in MCOP.No.653 of 2014 dated 27.04.2016 as against the appellant and allow the appeal and thus render justice.
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PRAYER IN CMA(MD) No.SR3785 of 2017:
to set aside the fair and decreetal order passed by the Learned Motor Accident Claims Tribunal/Special District Court, Thanjavur in MCOP.No.658 of 2014 dated 27.04.2016 as against the appellant and allow the appeal and thus render justice.
ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.N.DILIP KUMAR, Advocate for the petitioner in both the petitions, the court made the following order:- Heard the learned counsel appearing for the petitioner.
2. There is an inordinate delay of 213 days in paying the deficit Court fee of Rs.3,830/- in CMA(MD)No.sr3785 of 2017 and Rs.9,960/- in CMA(MD)No.SR.3789 of 2017 and therefore, this Court feels that the delay can be condoned on payment of costs to the Legal Aid Accordingly, the delay is condoned and this petition is ordered on condition that the petitioner shall deposit a sum of Rs.1,000/-(Rupees One thousand Only) to the Legal Aid Service Authority, 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 automatically be dismissed without further reference to this Court.
sd/- 19/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE JUDGE SPECIAL DISTRICT COURT, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR Copy to:
THE AUTHORIZED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) Nos.8766 & 8767 of 2017 IN CMA(MD) Nos.SR3785 & 3789 of 2017 Date :19/09/2017 SMA/RR-BS/SAR-1/22.09.2017:2P/3C https://hcservices.ecourts.gov.in/hcservices/