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Madras High CourtCMP(MD)/7558/2019ordered

The National Insurance Company Ltd v. Chandra

2019-08-28Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7558 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7558 of 2019 and CMA(MD)No.SR56412 of 2014 THE NATIONAL INSURANCE COMPANY LTD, THROUGH ITS MANAGER, SEKKALAI ROAD, KARAIKUDI, SIVAGANGAI DISTRICT. ... PETITIONER/APPELLANT Vs 1 CHANDRA 2 KOTTAISAMY 3 DHEEBA 4 JAISHANKAR 5 THE NATIONAL INSURANCE COMPANY LTD, THROUGH IS MANAGER, DIVISION OFFICE 7, 50, JOHNBATH ROAD, NEW DELHI. ... 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 1680 days in paying the Deficit Court Fee of Rs.7300/- in the above CMASR.No.56412 of 2014. PRAYER IN CMA(MD)SR.No.56412 of 2014:

To set aside the judgment and decree by the Motor Accident Claims Tribunal, I Sub Court, Devakottai, in MCOP No.24 of 2010 dated 05.09.2012.

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.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 1680 days in paying the deficit Court fee. 2.The learned counsel for the petitioner would submit that he has already paid a sum of Rs.3,000/- towards cost imposed by this Court while allowing the petition to condone the delay of 1676 days https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7558 of 2019 in representing the above Civil Miscellaneous Appeal. Therefore, the learned counsel prays this Court to allow this petition, without cost.

3.Considering the submission made by the learned counsel for the petitioner and also considering the reasons stated in the affidavit filed in support of the petition, this Court is inclined to condone the delay. Accordingly, this petition is ordered.

4. Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" forthwith. sd/- 28/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE I SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DEVAKOTTAI.

COPY TO:

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

ORDER

IN CMP(MD) No.7558 of 2019 and CMA(MD)No.SR56412 of 2014 Date :28/08/2019 TK/JC/SAR.3/03.09.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2