The Project Director v. B.Thavamani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2023

CORAM:

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN C.M.P.(MD) No.5355 of 2023 in and The Project Director National Highways No.45E & 220 National Highways Authority of India Plot No.3, Suriya Towers 2nd Floor, 1st East Street K.K.Nagar (Near Muthuvelrajan Hospital) Madurai-20 Presently at Plot No.1, Aishwaryam Heights Indira Nagar Sennamanaickenpatti (PO) Thadikombu Road Dindigul-624 004 ... Petitioner -vs1.B.Thavamani

2.The Special District Revenue Officer Competent Authority for Land Acquisition (National Highways 45E & 220) Collectorate Buildings Theni ... Respondents PRAYER (in C.M.P.(MD) No.5355 of 2023): Civil miscellaneous petition filed under Section 49 of the Code of Civil Procedure to condone the delay of 371 days in paying the deficit court fee of Rs.98,500/- in C.M.A.(MD) SR No.12389 of 2022.

PRAYER (in C.M.A.(MD) SR No.12389 of 2022): Civil Miscellaneous Appeal filed under Section 37(1) & (2) of Arbitration & Conciliation Act, 1996 to set aside the order, dated 16.08.2021, passed in Arbitration O.P.No.61 of 2017, by the Principal District Judge, Theni.

For Petitioner :

Mr.SU.Srinivasan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R2

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] This civil miscellaneous petition is filed for condoning the delay of 371 days in paying the deficit Court fee of Rs.98,500/-.

2. The delay is more than one year. The petitioner is none else than the Project Director of the National Highways Authority. The sole reason assigned is that since 150 appeals were filed and the clerk, who was looking after the matter, met with an accident. The delay in sanctioning for payment of Court fee is also cited as a reason. We do not think that the reasons assigned in the affidavit could be deemed as sufficient to condone such huge delay of 371 days. Hence, the civil miscellaneous petition is dismissed. Consequently, C.M.A.(MD) SR No.12389 of 2022 is rejected. [T.R., A.C.J.] [R.S.M., J.] 26.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Principal District Judge, Theni.

2.The Special District Revenue Officer, Competent Authority for Land Acquisition, (National Highways 45E & 220), Collectorate Buildings, Theni.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

T.RAJA, A.C.J.

and R.SUBRAMANIAN , J.

krk C.M.P.(MD) No.5355 of 2023 in and 26.04.2023