Madras High CourtCMP(MD)/6601/2019allowed

The Managing Director v. Reehana Sheriff

2019-07-30Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6601 of 2019 in CMA(MD)No.SR14132 of 2019 THE MANAGING DIRECTOR TAMIL NADUR STATE TRANSPORT CORPORATION, TIRUPPUR, COIMBATORE REGION. ... PETITIONER/APPELLANT Vs 1 REEHANA SHERIFF 2 V.MYTHILI 3 THE DIVISIONAL MANAGER, M/S.THE NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, 1ST FLOOR, CMDS BHAVAN, 70 FEET ROAD, ELLIS NAGAR, MADURAI -1. ... 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 109 days caused in paying the deficit court fee of Rs.3000/- in CMA(MD) SR.No.14132 of 2019. PRAYER IN CMA(MD) SR.No.14132 of 2019 :

To allow this appeal, set aside the award and decree made in M.C.O.P.No.2123 of 2017 dated 14.12.2018 on the file of the Motor accident Claims Tribunal/ Chief Judicial Magistrate Court, Madurai. 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.P.PRABHAKARAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 109 days in paying the deficit court fee of Rs.3,000/-.

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.500/-(Rupees five hundred only) to the Legal Services https://hcservices.ecourts.gov.in/hcservices/

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.

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal if the papers are otherwise in order and list the same "for admission" on 02.08.2019.

sd/- 30/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THE CHIEF JUDICIAL MAGISTRATE, MADURAI COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6601 of 2019 in CMA(MD)No.SR14132 of 2019 Date :30/07/2019 bala PK/JC/SAR-4/31.07.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/