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Madras High CourtCMP(MD)/2405/2020delay condoned

The Branch Manager v. Sivasakthi

2020-07-02Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.2405 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Second day of July Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2405 of 2020 and CMA(MD) No.SR 62970 of 2019 THE BRANCH MANAGER, M/S.UNITED INDIA INSURANCE COMPANY LIMITED, SANKARANKOVIL, DOOR NO. 312, SANKARANKOVIL - RAJAPALAYAM ROAD, SANKARANKOVIL TALUK.

... PETITIONER/ APPELLANT Vs 1 SIVASAKTHI 2 KANAGARAJ 3 THE DIVISIONAL MANAGER, ICICI LOMBARD GENERAL INSURANCE CO., LTD., OFFICE AT VEER SAVARKAR MARK, DOOR NO. 414, NEAR SITHI VINAYAKAR KOVIL, PRABHADEVI, MUMBAI.

... RESPONDENTS/ RESPONDENTS (Respondent No.2 given up) 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 159 days in paying the deficit court fee of Rs.8040/- in the above C.M.A.S.R.No.62970 of 2019 and thus render justice.

PRAYER IN CMA(MD) No.SR 62970 of 2019:

To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Additional District Court (Fast Track Court), Tenkasi made in M.C.O.P.No.107/2017 dated 22.02.2019 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 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.2405 of 2020 This petition has been filed by the petitioner seeking to condone the delay of 159 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 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/- 02/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, TRIBUNAL OF MOTOR ACCIDENT CLAIMS TRIBUNAL CUM ADDITIONAL DISTRICT COURT (FAST TRACK COURT), TENKASI.

COPY TO:

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

ORDER

IN CMP(MD) No.2405 of 2020 and CMA(MD) No.SR 62970 of 2019 Date :02/07/2020 smn JM/PN/SAR 2/06.07.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2