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Madras High CourtCMP(MD)/12025/2018ordered

The Divisional Manager v. Saminathan

2019-01-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12025 of 2018 IN CMA(MD) No.SR300 of 2018 THE DIVISIONAL MANAGER NATIONAL INSURANCE CO.LTD., BHARATHIDHASAN SALAI, CANTONMENT, TIRUCHIRAPPALLI.

... PETITIONER/APPELLANT Vs 1.SAMINATHAN 2 PANCHAVARNAM 3 MINOR SHANTHI (REP.BY HER NATURAL GUARDIAN & NEXT FRIEND PANCHAVARNAM 2ND RESPONDENT).

4 KANAGAVALLI 5 AYILRAJ ... 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 301 days in payment of deficit court fee of Rs.5,070/- in CMA SR No.300 of 2018 on the file of this Honble Court and render justice.

PRAYER IN CMA(MD) No.SR300 of 2018:- To set aside the fair and decreetal order dated 21.009.2017 made in MCOP.No.444 of 2016 on the file of Motor Accident claims Tribunal(Special District Judge for MCOP cases), Trichy and allow this appeal.

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.SRINIVASA RAGHAVAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed to condone the delay of 301 days

in paying the deficit Court fee in respect of the Civil Miscellaneous Appeal in C.M.A.(MD)No.SR300 of 2018.

2. Having satisfied with 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.1000/- (Rupees One Thousand only) to "Chief Justice Relief Fund", 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 any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, (FOR MCOP CASES), MOTOR ACCIDENT CLAIMS TRIBUNAL, TRICHY.

COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.12025 of 2018 IN CMA(MD) No.SR300 of 2018 Date :02/01/2019 PK/PN/SAR1/28.01.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/