S.Pappa v. M.Uthiram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of August Two Thousand Nineteen PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.7362 of 2019 and CMA(MD)No.SR15361 of 2018 S.PAPPA ... PETITIONER /APPELLANT Vs 1 M.UTHIRAM 2 THE UNITED INDIA INSURANCE COMPANY LIMITED, M.O.OFFICE,NO.43/3, S.K.T.M.COMPLEX, AMBAL AUTO UPSTAIRS, ETTAIYAPURAM ROAD, VILATHIKULAM, TUTICORIN DISTRICT.
... 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 454 days in paying the deficit court fee of Rs.4,273/- in C.M.A.(MD)SR.No.15361 of 2018 onthe file of this Honourable Court.
PRAYER IN CMA(MD)No.SR15361 of 2018 Pleased to set aside the Judgment and Decree dated 19.07.2017 made in MCOP.No.293 of 2016 on the file of Motor Accidents Claims Tribunal, Principal District Court, Tuticorin and to enhance the award amount and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus 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 M/S.S.SIVATHILAKAR, Advocate for the petitioner, the court made the following order:- 1.Heard.
2.This petition has been filed by the petitioner seeking to condone the delay of 454 days in paying the deficit Court fee. https://hcservices.ecourts.gov.in/hcservices/
3.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 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" forthwith.
sd/- 26/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
To THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, PRINCIPAL DISTRICT COURT, TUTICORIN Copy To: 1.THE CO-ORDINATOR, 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.7362 of 2019 and CMA(MD)No.SR15361 of 2018 Date :26/08/2019 msa ES/JC/SAR3/29.08.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/