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Madras High CourtCMP(MD)/6719/2019ordered

The Branch Manager, v. Mr.Sundaramoorthy,

2019-08-07Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.6719 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventh day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6719 of 2019 IN CMA(MD)SR.NO.43833 OF 2018 THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD, NO.2851/235, KAMALA SUBRAMANIAN ARCADE, FIRST FLOOR, TRICHY MAIN ROAD, THANJAVUR TOWN, THANJAVUR DSTRICT.

... PETITIONER/APPELLANT Vs 1 MR.SUNDARAMOORTHY, 2 MR.VENKATESH ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to may be pleased to condone the delay of 244 days in paying the deficit court fee of Rs.3,470/- in the above CMA(MD)SR.NO.43833 OF 2018.

PRAYER IN CMA(MD)SR.NO.43833 OF 2018:

To set aside the order of the Tribunal of MACT cum Special Sub Court, Thanjavur made in M.C.O.P.No.1515 of 2017 dated 26.06.2018 and allow the appeal.

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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner the court made the following order:- The learned counsel for the petitioner would state that the matter was listed on 31.07.2019 under the caption of delay in filing, but this petition has been filed seeking to condone the delay of 244 days in paying the deficit Court fee of Rs.3,470/-. Therefore, the matter is listed today under the caption ' for being mentioned'.

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CMP(MD) No.6719 of 2019

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.1000/- (Rupees one thousand only) to the Legal Aid Service 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.

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 otherwise in order and list the same "for admission" forthwith.

sd/- 07/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR COPY TO THE OFFICE INCHARGE LEGAL AID SERVICES AUTHORITY MADURAI BENCH OF MADRAS HIGH COURT, MADURAI THE SUB ASSISTANT REGISTRAR AE SECTIOIN MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.6719 of 2019 IN CMA(MD)SR.NO.43833 OF 2018 Date :07/08/2019 KM/JC/SAR-III (20.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2