The Madurai Bench allowed a petition to condone a 319-day delay in paying deficit court fee, subject to payment of Rs.1000 to the Legal Services Authority within a fixed period, after issuing a show-cause notice.
Petition allowed on payment of Rs.1000/- cost to the Legal Services Authority by 12.10.17; otherwise dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Fifth day of October Two Thousand Seventeen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.8274 of 2017 IN AS(MD) No.SR39729 of 2016
THE SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD, THANJAVUR. ... PETITIONER / APPELLANT
Vs
NANDAKUMAR ... 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 319 days in paying the deficit court fee of Rs. 2200 pending disposal of the above appeal suit.
PRAYER IN AS(MD) No.SR39729 of 2016:-
to set aside the judgment and decree passed in O.S.No.88 of 2014 on the file of the Hon'ble Principal District Court, Thanjavur dated 30.04.2015.
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.R.SENTHIL KUMAR, Advocate for the petitioner and of Mr.S.RAJA PRABU, Advocate on behalf of the Respondent 1, the court made the following order:-
This petition is to condone the delay of 319 days in paying deficit court fee.
This petition would stand allowed on payment of cost of Rs.1000/- (Rupees One Thousand only) to the Legal Services Authority attached to this Court by the petitioner on or before 12.10.17, failing which, this petition would stand dismissed automatically without further reference to this Court.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO THE PRINCIPAL DISTRICT JUDGE, THANJAVUR
COPY TO:-
THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
JAM/09.10.17/CM-MSA/SAR 3/ 2p-3c
ORDER IN CMP(MD) No.8274 of 2017 IN AS(MD) No.SR39729 of 2016 Date :05/10/2017
3 issues framed by the court
Whether the delay inpayment of deficit court fee can be condoned?
What relief is appropriate regarding the condonation petition?
Whether the petitioner complied with the timeline for payment?
THE SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD, THANJAVUR
NANDAKUMAR
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
