The Commandant 5th Battalion v. N.Balakrishnan
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.12124 of 2018 IN CMA(MD) No.SR30002 of 2017 THE COMMANDANT 5TH BATTALION RPSF, SOUTHERN RAILWAY KAJAMALAI, TRICHIRAPALLI - 620 020. ... PETITIONER/APPELLANT Vs 1 N.BALAKRISHNAN 2 M.GANESAN 3 BHARATHI @ PARTHASARATHY ... 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 dealay of 269 days caused in payment of deficit court fee if Rs.2325/- in CMA.SR.No.30002/2017 and thus render justice. PRAYER IN CMA(MD) No.SR30002 of 2017 :
To set aside decree and Judgment dated 20.03.2017 passed in M.C.O.P.No.2156/2009 by the 3rd Additional Sub Judge, Trichy and thus 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.A.RAVI, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 269 days in paying the deficit Court fee in respect of the Civil Miscellaneous Appeal in C.M.A.(MD)No.SR30002 of 2017.
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.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.
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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 III ADDITIONAL SUBORDINATE JUDGE, TRICHY.
COPY TO:
THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.12124 of 2018 IN CMA(MD) No.SR30002 of 2017 Date :02/01/2019 JM/PN/SAR 2/08.01.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/