The Oriental Insurance Com. Ltd v. Thiraviam
CMP(MD) No.2651 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.2651 of 2020 and C.M.A(MD)No.SR 61086 of 2019 THE ORIENTAL INSURANCE COMPANY LIMITED, REP.THROUGH ITS BRANCH MANAGER, SKG SWAMY COMPLEX, FIRST FLOOR, D.NO.72, VADAKKU RADHA VEETHI, THENKASI.
... PETITIONER/ APPELLANT Vs 1 THIRAVIAM 2 PETCHIAMMAL 3 MUTHUCHELVAN 4 KIRAN LAL 5 M/S.RELIANCE GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANGER, OFFICE AT 3RD FLOOR, 5TH LEVEL, TRANS TOWER, VAZHUTHACAUD, TRIVANDRUM.
... RESPONDENTS/ RESPONDENTS (RESPONDENT NOS.3 TO 5 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 177 days in paying the deficit court fee of Rs.4,090/- in the above CM.A.SR.No.61086/2019 and thus render justice.
PRAYER IN C.M.A(MD)No.SR 61086 of 2019:
To set aside the order of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Tirunelveli made in M.C.O.P.No.115/2016, dated 11.04.2019 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:- https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.2651 of 2020 Heard.
This petition has been filed by the petitioner seeking to condone the delay of 177 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 MOTOR ACCIDENT CLAIMS TRIBUNAL CUM CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
COPY TO:
THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.2651 of 2020 and C.M.A(MD)No.SR 61086 of 2019 Date :02/07/2020 SMN JM/PN/SAR 2/06.07.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2