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Madras High CourtCMP(MD)/11103/2018ordered

The Branch Manager v. Chindamani

2018-11-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11103 of 2018 IN CMA(MD) No.SR244 of 2016 THE BRANCH MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., THANJAVUR. ... PETITIONER/APPELLANT Vs 1 CHINDAMANI 2 MEYYATHAL 3 SAKTHIVEL 4 MEENAL 5 SENTHILKUMAR 6 PANJAVARNAM 7 SHANMUGAM 8 SHANTHI ...RESPONDENTS/RESPONDENTS 9 THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD, I FLOOR, T.S.NO.4132, EAST MAIN ROAD, PUDUKKOTTAI. ... RESPONDENT /RESPONDENT 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 745 days in payment of deficit court fee of Rs.6600/- in CMA SR No.244 of 2016 on the file of this Honble Court and thus render justice.

PRAYER IN CMA(MD) No.SR244 of 2016 Set aside the fair and decreetal order dated 27.08.2015 mdade in MCOP No.1 of 2012 on the file of Motor Accident Claims Tribunal, (Additional District and Special Court), Pudukkottai and allow thei Civil Miscellaneous appeal and pass such further or other orders. 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.K.R.SHIVA SHANKARI, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed to condone the delay of 745 days in paying the deficit Court fee in respect of the above civil

miscellaneous appeal in C.M.A.(MD)No.SR244 of 2016.

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.1500/- (Rupees One Thousand and Five Hundred only) to "Chief Justice Relief Fund", within a period of one week from the date of receipt of a 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.

sd/- 28/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT AND SPECIAL JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

PS/VR-MMS/SAR-4/05/12/2018/2P/3C

ORDER

IN CMP(MD) No.11103 of 2018 IN CMA(MD) No.SR244 of 2016 Date :28/11/2018 https://hcservices.ecourts.gov.in/hcservices/