Madras High CourtCMP(MD)/2820/2020delay condoned

The Oriental Insurance Company Ltd., v. Santhi

2020-07-01Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.2820 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the First day of July Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.2820 of 2020 and CMA(MD) No.SR 26074 of 2019 THE ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, PUDHUKOTTAI,NO.3607/21, SATHIYAMOORTHY ROAD, 2ND FLOOR, NEAR TEEM HOSPITAL, PUDHUKOTTAI TOWN, PUDHUKOTTAI DISTRICT. ... PETITIONER/APPELLANT Vs

1. SANTHI

2. MINOR.KARUNAKARAN (MINOR 2ND RESPONDENT REPRESENTED THROUGH GUARDIAN AND MOTHER 1st RESPONDENT MRS.SANTHI)

3. KUNCHAMMAL

4. RAJAMANICKAM

5. YASODHA ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD). 2820/ 2020 :

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 210 days in paying the deficit court fee or Rs.13,180/- in the above C.M.A.SR.No.26074 of 2019. Prayer in CMA(MD). SR26074/ 2019 :

To set aside the Judgement and decree of the Motor Accident claims Tribunal cum III Additional District and Sessions Court, Thanjavur at Pattukottai made in M.C.O.P.No.184/2015, dated 28.02.2019 and allow the appeal with costs and render justice. 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. C. JAWAHAR RAVINDRAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

CMP(MD) No.2820 of 2020 Heard.

This petition has been filed by the petitioner seeking to condone the delay of 210 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.1,000/- (Rupees one thousand only) to the Legal Services Committee, 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.

3. This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the civil miscellaneous appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 01/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR AT PATTUKOTTAI.

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

ORDER

IN CMP(MD) No.2820 of 2020 and CMA(MD) No.SR 26074 of 2019 Date :01/07/2020 SMN SRS/ VR/ SAR-II/ 03.07.2020/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/