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Madras High CourtCMP(MD)/7291/2020ordered

Branch Manager, v. Elizbeth Isabella Rani,

2021-01-04Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7291 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7291 of 2020 in CMA(MD)SR.No.5957 of 2020 BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, LAKSHMI ARCADE, TRICHY ROAD, THANJAVUR CITY.

... PETITIONER/APPELLANT Vs 1 ELIZABETH ISABELLARANI, 2 MINOR M.RIYAZSHIR 3 MINOR. HELINASHRI 4 MINOR.M.JOSHUVA (PETITIONERS 1 TO 4 ARE REPRESENTED BY MOTHER AND GUARDIAN, ELIZABETH ISABELLARANI) 5 SEBASTHIAMMAL 6 T.ARIVUMANI ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the Delay of 306 days in paying the deficit court fee of Rs.17,450/- in the above CMA(MD)SR.No.5957 / 2020. PRAYER IN CMA(MD)SR.No.5957 of 2020:

To set aside the order of Motor Accidents Claims Tribunal cum Special District Judge, Thanjavur, made in M.C.O.P.No.1495 of 2017 dated 27/09/2019.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.E.CHANDRASEKARAN, Advocate for the petitioner, the Court made the following order:- Heard.

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CMP(MD) No.7291 of 2020 This petition has been filed by the petitioner seeking to condone the delay of 306 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 of cost of Rs.1,000/- (Rupees One Thousand only) to the Legal Services Committee, attached to this Bench,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.

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/- 04/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.

COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.7291 of 2020 in CMA(MD)SR.No.5957 of 2020 Date :04/01/2021 pkn AE/KV/SAR-IV (06/01/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2