Madras High CourtCMP(MD)/4284/2018ordered

The Manager v. M.Durairaj

2018-04-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Saturday, the Twenty Eighth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4284 of 2018 IN CMA(MD) No.SR47363 of 2016 THE MANAGER NEW INDIA ASSURANCE CO. LTD., 82, DR. THIRUMALAI PLAZA UPSTAIRS NEW DHARAPURAM ROAD, PALANI DINDIGUL DISTRICT . ...PETITIONER / APPELLANT Vs 1 M.DURAIRAJ 2 T.SRINIVSASAN ... RESPONDENTS / RESPONDENTS 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 390 days in filing the petition to pay the deficit court fee of Rs.1089 in the above appeal CMA.SR.No.47363 of 2016 and thus render justice.

PRAYER IN CMA(MD) No.SR47363 of 2016:- to set aside the judgment and decree of the learned Motor Accident Claims Tribunal Dindigul(Speical Subordinate Judge, Dindigul) in M.C.O.P.No.318 of 2012 dated 28.04.2016 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.S.RAMESH, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 390 days in filing the petition to pay the deficit court fee of Rs.1089/- in the Civil Miscellaneous appeal in CMA(MD)No.SR47363 of 2016, against the award passed in MCOP.No.318 of 2012.

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 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 stand dismissed automatically, without https://hcservices.ecourts.gov.in/hcservices/

any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 28/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI RM JAM/04/05/2018/ PMI/RNB/ 2P-3C

ORDER

IN CMP(MD) No.4284 of 2018 IN CMA(MD) No.SR47363 of 2016 Date :28/04/2018 https://hcservices.ecourts.gov.in/hcservices/