Allowed

The General Manager v. Ananthi

Madras HC19 Sept 2024CMP(MD)/10888/2024

Case brief

AI extract

What is this about?

The High Court allowed a civil miscellaneous petition condoning a 124-day delay in paying a total deficit court fee of Rs. 30,873, imposing a condition to deposit Rs. 25,000 with the Advocate Clerk's Welfare Association.

What did the court decide?

The petition to condone delay of 124 days was allowed on condition that the appellant pays Rs. 25,000 to the Advocate Clerk's Welfare Association.

The General Manager Vs Ananthi — Civil Procedure and Limitation | Madras HC (2024)

¶1

CMP(MD) No.10888 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

¶3

Thursday, the Nineteenth day of September Two Thousand and Twenty Four

¶4

PRESENT

¶5

The Hon`ble Mr.Justice P.VELMURUGAN and

¶6

The Hon`ble Mr.Justice K.K. RAMAKRISHNAN

¶7

C.M.P(MD)No.10888 of 2024 in

¶8

C.M.A.(MD)S.R.No.20423 of 2024

¶9

1 THE GENERAL MANAGER

¶10

TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, HAVING OFFICE AT NAGERCOIL, TIRUNELVELI REGION.

¶11

2 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, OFFICE AT NO.2, TRIVANDRUM ROAD, TIRUNELVELI. ... PETITIONERS/APPELLANTS

¶12

... PETITIONERS/APPELLANTS

1 ANANTHI

2 MINOR. RITHISH

3 MINOR. NITHISH

(MINOR RESPONDENTS 2 AND 3 ARE REPRESENTED BY MOTHER 1^st RESPONDENT)

¶18

https://www.mhc.tn.gov.in/judis

¶19

1/4

¶20

CMP(MD) No.10888 of 2024

¶21

4 SAROJA

¶22

... RESPONDENTS/RESPONDENTS

¶23

Civil Miscellaneous 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 124 days in paying the deficit court fee of Rs.30,873/- in the above Civil Miscellaneous Appeal in CMA(MD) SR No.20423 of 2024 and thus render justice.

¶24

PRAYER IN CMA(MD) SR No.20423 of 2024:

¶25

Pleased to set aside the order passed in MCOP No.1203/2022 dated 14.02.2024 on the file of the Motor Accident Claims Tribunal cum 3^rd Additional District Court, Tirunelveli and allow the appeal with costs.

¶26

ORDER : This Civil Miscellaneous 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.S.MICHEAL HELDON KUMAR, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:-

¶27

This petition has been filed to condone the delay of 124 days in paying the deficit Court fee of Rs.30,873/-.

¶28

Out of total Court fee, the appellant paid only a sum of Rs.30/- which is neither arithmetical mistake nor other mistake. The appellant had wantonly paid only a sum of Rs.30/- towards Court fee.

¶29

The reasons stated in the accompanying affidavits are not satisfactory. However, in order to give opportunity to the parties to resolve the dispute on merits, the petition is allowed on condition that the appellant shall pay a sum of Rs.25,000/-

¶30

(Rupees Twenty Five Thousand only) to the Advocate Clerk's Welfare Association, https://www.mhc.tn.gov.in/judis

¶31

2/4

¶32

CMP(MD) No.10888 of 2024

¶33

Madurai Bench of Madras High Court, bearing Account No.496039124 at Indian Bank, High Court Branch, Madurai, towards costs, on or before 15.10.2024, failing

¶34

which, the petition shall stand dismissed automatically without any further reference to Court.

¶35

List the matter on 16.10.2024 'for reporting compliance'.

¶36

sd/19/09/2024

¶37

/ TRUE COPY /

¶38

/09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

¶39

MBI TO

¶40

THE 3 ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

¶41

COPY TO:

¶42

1 THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶43

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

¶44

3 THE SECTION OFFICER, JUDICIAL SECTION, https://www.mhc.tn.gov.in/judis MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶45

3/4

¶46

CMP(MD) No.10888 of 2024

¶47

+1 CC to M/s.S.MICHEAL HELDON KUMAR, Advocate ( SR-11490[I] dated 20/09/2024 )

¶48

ORDER IN C.M.P(MD)No.10888 of 2024 in C.M.A.(MD)S.R.No.20423 of 2024 Date :19/09/2024

¶49

SA/SG/SAR. /23.09.2024/4P/6C

¶50

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

¶51

https://www.mhc.tn.gov.in/judis

¶52

4/4

The General Manager v. Ananthi

Case brief

What is this about?

What did the court decide?

The General Manager v. Ananthi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

B. Senthil Velavan Vs S. Amirthavalli

Pitchaikannu, Vs Ellumalai

I.DHEIVANAI(Died),2).A.Thilagavathi(Died),3).S.Malarchelvi, Vs I.Parisekaran

The Superintending Engineer, Vs the Labour Court

S.Seetharaman (Since Deceased) Vs Sree Manavala Maamunigal

T.Hayagrivan Vs S.Arunachalam