Paramasivam v. Vivek

C.M.P(MD) No.7314 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR C.M.P(MD) No.7314 of 2023 in C.M.A.(MD)No.SR35285 of 2023 PARAMASIVAM ... PETITIONER / APPELLANT Vs 1 VIVEK 2 MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, NO.58 A, SRI ANJANEYA TOWER, 2ND FLOOR, PAVALA NAGAR, PANDI-VILLUPURAM MAIN ROAD, RETTIPALAYAM, PONDICHERRY.

... RESPONDENT / RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to exemption to pay the court fee of Rs.9273/- in filing the above Civil Miscellaneous Appeal.

PRAYER IN C.M.A.(MD)No.SR35285 of 2023:

To set aside the judgment and decree dated 16.12.2022 passed in MCOP No.283 of 2022 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Thanjavur District. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.EDIN BROUGH, Advocate for the petitioner, the court made the following order:- This Petition has been filed seeking exemption to pay the court fee of Rs.9,273/-.

2.The person, who seeks exemption from paying Court fee has to establish the fact that he has no means to pay the Court fee. On https://www.mhc.tn.gov.in/judis 1/2

C.M.P(MD) No.7314 of 2023 perusal of the entire affidavit filed in support of this petition, this Court is of the view that the petitioner has not established the fact that he has no means to pay the Court fee. Hence, the application of this nature cannot be entertained mechanically. Accordingly, this petition is dismissed.

3.The petitioner is directed to pay the Court fee within a period of two weeks from the date of receipt of a copy of this order. On payment Court fee, the Registry is directed to number the condone delay petition, if it is otherwise in order. sd/- 27/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO The Special Subordinate Judge, Motor Accident Claims Tribunal, Thanjavur District.

COPY TO:

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

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P(MD) No.7314 of 2023 in C.M.A.(MD)No.SR35285 of 2023 Date :27/06/2023 ta MK/06.07.2023 2P 4C https://www.mhc.tn.gov.in/judis 2/2