Madras High CourtCMP(MD)/7470/2019ordered

T.Pitchamuthu v. Sakthi

2019-08-26Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7470 of 2019 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.7470 of 2019 and CMA(MD)No.SR16254 of 2018 T.PITCHAMUTHU ... PETITIONER/APPELLANT Vs 1.SAKTHI 2.THE BRANCH MANAGER, M/S.NEW INDIA ASSURANCE CO. LTD, MELUR MICRO OFFICE, THULAVUR COMPLEX, 2ND FLOOR, MADURAI-TRICHY MAIN ROAD, MELUR,MADURAI-625 106, THROUGH ITS DIVISIONAL MANAGER, MADURAI. ... 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 108 days in payment of deficit court fee of Rs.745/- in the above CMA(MD)SR.No.16254 of 2018. PRAYER IN CMA(MD)No.SR16254 OF 2018:

Pleased to allow the appeal and modify the award passed in M.C.O.P.No.1093 of 2015 dated 15.12.2017 on the file of the District and Sessions Court(For Communal Classes, Madurai), The Motor Accident Claims Tribunal, Madurai District.

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.NA.PALAIYANDI, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 108 days in paying the deficit Court fee. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7470 of 2019 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.

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/- 26/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT AND SESSIONS JUDGE (FOR COMMUNAL CLASSES MADURAI) MOTOR ACCIDENTS CLAIMS TRIBUNAL, MADURAI DISTRICT. COPY TO:

1.THE AUTHORITY OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.NA.PALAIYANDI Advocate SR.No.14044

ORDER

IN CMP(MD) No.7470 of 2019 and CMA(MD)No.SR16254 of 2018 Date :26/08/2019 TK/VR/SAR.1/29.08.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2