The court allowed a petition to restore a Civil Miscellaneous Appeal that had been rejected for non-payment of court fees, noting that the petitioner had subsequently paid the fees and the statutory deposit, and respondents raised no objections.
Restoration of C.M.A.(MD)SR No.49398 of 2024 for admission.
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(MD) NO. 14638 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-02-2026
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI
CMP(MD) NO. 14638 of 2025 IN
CMA(MD) SR NO. 49398 of 2024
Haji Mohammed
Petitioner(s)
Vs
1.Thiyagarajan
2.The Branch Manager, Kotak General Insurance Company Ltd., Marys Corner 1st Street, Plot No.31, Anna Nagar, Najikottai Road, Thajavur.
Respondent(s)
For Petitioner(s):
Mr.G.Mathavan, Advocate
For Respondent(s):
Mr.G.Karnan, Advocate for R1
Mr.Shyllappakalyan, Advocate for R2
Prayer : Civil Miscellaneous Petition is filed to restore the Civil Miscellaneous Appeal in C.M.A.(MD)SR No.49398 of 2024, which was rejected for non-payment of Court fee deposit on 28.02.2025.
ORDER
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CMP(MD) NO. 14638 of 2025
This Civil Miscellaneous Petition has been filed to restore the Civil Miscellaneous Appeal in C.M.A.(MD)SR No.49398 of 2024, which was rejected on 28.02.2025 for non-payment of court fee.
the affidavit filed in support of this petition.
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CMP(MD) NO. 14638 of 2025
deposit have already been paid by the petitioner/appellant, being satisfied with the reasons stated in the affidavit, and also considering that this is only a consequential petition, this Civil Miscellaneous Petition is allowed.
03-02-2026
Note : The Registry is directed to restore the Civil Miscellaneous Appeal in C.M.A.(MD)SR No.49398 of 2024, number the same if it is otherwise in order, and list the same on 17.02.2026 under the caption “For Admission”.
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CMP(MD) NO. 14638 of 2025
P.VADAMALAI, J.
mkn
CMP(MD) NO. 14638 of 2025 IN CMA(MD) SR NO. 49398 of 2024
03.02.2026
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1 issue framed by the court
Whether the Civil Miscellaneous Appeal, rejected for non-payment of court fee, should be restored?
Haji Mohammed
Thiyagarajan
The Branch Manager, Kotak General Insurance Company Ltd.
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
