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Madras High CourtCMP(MD)/10457/2018ordered

The Divisional Manager v. R.Shanthi

2018-11-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10457 of 2018 IN CMA(MD) No.SR.19869 of 2018 THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LTD., K.J.R.COMPLEX 1ST FLOOR, NO.16, NORTH VELI STREET, MADURAI-625 001.

... PETITIONER/ APPELLANT Vs 1 R.SHANTHI 2 MINOR.R.CHANDRU 3 MINOR.R.SANJAY 4 MINOR.R.SHANKARI 5 I.PITCHAIMANI 6 P.KAMATCHI (MINOR RESPONDENTS 2 TO 4 REPRSENTED BY THEIR MOTHER GUARDIAN/ NEXT FRIEND Mrs.P.SHANTHI THE 1st RESPONDENT HEREIN) 7 K.BEERMOHAMED ... RESPONDENTS/ RESPONDENTS (RESPONDENTS NO.7 GIVEN UP) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of days 113 in paying the deficit court fee of Rs.10,875/- in the above CMA SR No.19869 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR.19869 of 2018:

To set aside fair and decretal order of the Motor Accident Claims Tribunal cum VI Additional District Court, Madurai made in M.C.O.P.No.2057 of 2015 dated 31.01.2018.

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:- This petition has been filed to condone the delay of 113 days in paying the deficit Court fee in respect of the above civil miscellaneous appeal in C.M.A.(MD)No.SR19869 of 2018. https://hcservices.ecourts.gov.in/hcservices/

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 "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. On showing proof of payment, Registry is directed to number the appeal, if the papers are otherwise in order and list the appeal for admission on 03.12.2018.

sd/- 28/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE VI ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

1. THE SECTION OFFICER,(Chief Justice Relief Fund) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.10457 of 2018 IN CMA(MD) No.SR19869 of 2018 Date :28/11/2018 MS/VR-MMS/SAR-4/30.11.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/