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Madras High CourtCMP(MD)/6252/2018ordered

The Branch Manager, v. Boopathy

2018-07-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6252 of 2018 IN CMA(MD) No.SR.47798 of 2017 THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., FIRST FLOOR K.R.T BUILDING NO.33 BHARATHIDASAN SALAI PROMENADE ROAD, CANTONMENT TIRUCHIRAPPALLI-620 001 ... PETITIONER/APPELLANT Vs 1 BOOPATHY 2 MINOR DEEPIKA, 3 MINOR PRADEEPA, (MINOR 2&3 REP THRO HER MOTHER 1st RESPONDENT) 4 SEENIVASAGAM, F/O.DECEASED ALAGURAJAN, 5 ARUL MARY M/S.DECEASED ALAGURAJAN, 6 SHANMUGAM ... RESPONDENTS/RESPONDENTS 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 156 days in paying the deficit court fee of Rs.6000/- in the above CMA SR.No.47798 of 2017 and thus render justice.

PRAYER IN CMA(MD) No.SR.47798 of 2017:

to set aside the Judgment and decree passed by the Motor Accident Claims Tribunal cum II nd Additional District & Sessions Judge, Tirunelveli, made in M.C.O.P.No.123/2017 dated 31.07.2017. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.RAJAMANI, Advocate for the petitioner and the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

Heard.

This petition has been filed by the petitioner seeking to condone the delay of 156 days in paying the deficit Court fee.

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 one thousand only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of 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.

4. In the event of payment of cost, the Registry is directed to number the appeal, if it is in order and list the same "for admission" forthwith.

sd/- 19/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI Copy to:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2 THE SUB ASSISTANT REGISTRAR, A.E SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.6252 of 2018 IN CMA(MD) No.SR47798 of 2017 Date :19/07/2018 SMA/CSL/SAR-4/24.07.2018:2P/4C https://hcservices.ecourts.gov.in/hcservices/