Madras High CourtCMP(MD)/11077/2018ordered

Ammaiappan, v. Subramanian (Died),

2018-11-13Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11077 of 2018 IN CMA(MD) No.SR9327 of 2016 AMMAIAPPAN ... PETITIONER/APPELLANT Vs SUBRAMANIAN (DIED) 1 LAKSHMI 2 SANKARESWARI 3 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, MADURAI.

G.MARIMUTHU (DIED) ... 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 delay of 715 days in filing the deficit court fee of Rs.8,957/- in the above CMA(MD)SR.No.9327 of 2016 and thus render justice.

PRAYER IN CMA(MD) No.SR9327 of 2016 To set aside the fair and decreetal order dated 13.03.2015 in M.C.O.P.No. 202 of 2006 on the file of the Motor Accident Claims Tribunal at Srivilliputhur.

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.PARANEEDHARAN, Advocate for the petitioner and of MR.P.PRABHAKARAN on behalf of the 3rd Respondent, the court made the following order:- This petition has been filed to condone the delay of 715 days in filing the deficit Court fee in respect of C.M.A.(MD)No.SR9327 of 2016.

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2. When the matter came up for hearing today, the learned Counsel appearing for the petitioner/appellant would submit that the petitioner/appellant will not claim interest for the delayed period in the event of enhancement by this Court.

3. In view of the said submission and also considering the reasons stated in the affidavit filed in support of the petition as well as considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1000/- (Rupees One Thousand 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.

4. This petition is accordingly ordered.

sd/- 13/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL SRIVILLIPUTHUR.

COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.11077 of 2018 IN CMA(MD) No.SR9327 of 2016 Date :13/11/2018 MSI/VR-MMS/SAR-I/26.11.2018-2P/3C https://hcservices.ecourts.gov.in/hcservices/