The single judge allowed an application seeking extension of time for compliance. The court deemed payment made after a delay as compliant and restored previously dismissed applications.
Time granted for payment of cost extended till 10.06.2019; payment made on that date deemed compliant; CMP.No.7246 & 7247 of 2019 restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP.No.1147 of 2022 in CMA.SR.No.109558 of 2022
R.SUBRAMANIAN, J.
This application has been filed seeking extension of time for complying with the conditional order dated 28.03.2019.
2.While allowing CMP.No.7247 of 2019, this Court had imposed a condition requiring the petitioner to pay the cost of Rs.500/- to Kaakkum Karangal (Old age Home) on or before 04.04.2019. It appears that two applications came up for hearing on 28.03.2019, one for condonation of delay in re-presentation and the other for payment of deficit court fee, the condition was imposed in both the applications.
3.The learned counsel for the petitioner under a mistaken believe that the condition was imposed in only one case had paid the cost of Rs.500/within the one week period granted by this Court. It was subsequently brought to his notice that two sets of cost will have to be paid. Therefore, the learned counsel has paid Rs.500/- as cost also on 10.06.2019. Since, there was a delay in payment of cost, the applications in CMP.No.7246 & 7247 of 2019 stood automatically dismissed in terms of the order dated 28.03.2019, hence, this petition for extension of time.
4.Heard Mrs.C.Bhuvanasundari, learned counsel appearing for the petitioner.
R.SUBRAMANIAN, J.
vs
6.The Registry is directed to number the application to condone the delay and list it on 07.02.2022.
02.02.2022
vs
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CMP.No.1147 of 2022 in CMA.SR.No.109558 of 2022
1 issue framed by the court
Whether time granted for payment of cost in a conditional order should be extended upon subsequent payment of the outstanding amount.
Petitioner in CMP.No.1147 of 2022
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
