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2022 Supreme(Mad) 1679

P. T. ASHA
Thirumalai – Appellant
Versus
Philips – Respondent


Advocates appeared:
For the Petitioner:A. Subadra, Sharath Chandran, (Amicus Curiae), N. Manoharan, Advocates, Edwin Prabhakar, Special Government Pleader.

JUDGMENT

(Prayer: Civil Miscellaneous Petition is filed under Section 151 of the CPC to order exemption of Court fee for a sum of Rs.6,000/- in the above CMA.)

1. This Court had invited the appellants in all these appeals, the members of the Bar, the learned Special Government Pleader to make their submissions on the two issues that had been raised by the Court, which are as follows:

“(1)Whether the provisions of Rule 24 would apply to Appeals under Section 173 of the Motor Vehicles Act without giving proof of the indigent circumstances.

(2)Whether the petitioners/claimants who have obtained exemption can withdraw the amounts deposited without paying the Court Fees.”

2. Mr.Sharath Chandran had been appointed as Amicus Curiae to assist the Court by order 16.03.2022.

3. The CMPs now placed for the consideration of the Court seek orders exempting the Appellants from paying the Court fees payable towards the Appeal filed under Section 173 of the Motor Vehicles Act, 1988. The reasons given in these petitions are briefly reproduced herein below.

Contents of the affidavits citing reasons for an exemption:

4. The submission of the claimants while seeking an exemption of court fee i

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