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Madras High CourtCMP(MD)/6864/2019ordered

United India Insurance Co.Ltd v. Aarthi

2019-08-01Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the First day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6864 of 2019 in CMA(MD) No.SR3517 of 2019 M/S.UNITED INDIA INSURANCE CO.LTD., NO.406, PERIYAKULAM ROAD, THENI TALUK, THENI DISTRICT.

REP. THROUGH ITS BRANCH MANAGER. ... PETITIONER/APPELLANT Vs 1 AARTHI 2 MINOR JEYAVARSHINI 3 MINOR LAKSHAND VINOJA (Minor Respondents 2 & 3 Rep. through, their Mother, the 1st Respondent herein) 4 RAMANI 5 JEYARAMAN 6 BALASUBRAMANIAN ... 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 165 days in paying the deficit court fee of Rs.22,588/- in the above CMA(MD).SR.No.3517 of 2019. PRAYER in CMA(MD).SR.No.3517 of 2019:

To set aside the Judgment and Decree dated 23.08.2018 passed in MCOP No.76/16 on the file of the Motor Accident Claims Tribunal (Additional District Judge (FTC)) Theni. 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.KARTHIK, Advocate for the petitioner, the court made the following order:- Heard.

2.This petition has been filed by the petitioner seeking to condone the delay of 165 days in paying the deficit Court of Rs.22,588/- in the above appeal.

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3.Considering the reasons stated in the affidavit filed in support of the petition and also 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 Committee, 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.

4.This petition is accordingly ordered.

5. 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" on or before 06.08.2019.

sd/- 01/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE (FTC), THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THENI.

COPY TO : 1.THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, 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.6864 of 2019 in CMA(MD) No.SR3517 of 2019 Date :01/08/2019 gcg PK/PN/SAR-1/06.08.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/