Madras High CourtCMP(MD)/12280/2018ordered

The Oriental Insurance v. S.Baskaran

2019-01-02Honourable Mrs Justice J. Nisha Banu2 pages

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.12280 of 2018 IN CMA(MD) No.SR39403 of 2017 THE ORIENTAL INSURANCE COMPANY LTD, SRI VIJAY COMPLEX, NO.1024, II FLOOR, OPPO. TO BUS STAND, CUMBUM ROAD, THENI ROAD. ... PETITIONER/APPELLANT Vs 1 S.BASKARAN 2 B.R.VENKATESAN ... 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 days 417 in paying the deficit court fee of Rs.4,590/- in the above CMASR.No.39403 of 2017 and thus render justice.

PRAYER IN CMA(MD) No.SR39403 of 2017 set aside the order of the Tribunal of MACT cum Sub Court, Uthamapalayam made in M.C.O.P.No.18 of 2013 dated 09.06.2017 and allow the appeal with costs and 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. C.JAWAHAR RAVINDRAN, Advocate for the petitioner,the court made the following order:- This petition has been filed to condone the delay of 417 days in paying the deficit Court fee in respect of the Civil Miscellaneous Appeal in C.M.A.(MD)No.SR39403 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.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.

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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 SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, UTHAMAPALAYAM.

COPY TO THE SECTION OFFICER, ACCOUNT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PS/JC/SAR-3/08.01.2019/2P/3C

ORDER

IN CMP(MD) No.12280 of 2018 IN CMA(MD) No.SR39403 of 2017 Date :02/01/2019 https://hcservices.ecourts.gov.in/hcservices/