The Branch Manager v. K.Sivakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7097 of 2018 IN CMA(MD) No.SR9874 of 2018 THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., NAGAR LIMIT, NO.4132 KEELARAJA VEETHI PUDUKKOTTAI- 622 001.

... PETITIONER/ APPELLANT Vs 1 K.SIVAKUMAR 2 S.V.S.VENKATACHALAM ... 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 120 days in paying the Deficit Court fee of Rs.12.160/- in the above CMASR No.9874 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR9874 of 2018:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai in MCOP No.58 of 2014 dated 03.11.2017. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 120 days in paying the deficit Court fee of Rs.12,160/- in the above Civil Miscellaneous Appeal. 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 the Legal Services Authority, attached to this Bench, 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.

https://hcservices.ecourts.gov.in/hcservices/

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/- 03/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.

COPY TO:

1. THE AUTHORISED OFFICER, LEGAL AID SERVICES COMMITTEE, 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.7097 of 2018 IN CMA(MD) No.SR9874 of 2018 Date :03/08/2018 MS/PN/SAR-2/21.08.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/