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Madras High CourtCMP/8518/2019stay made absolute

The Branch Manager v. Krishnamurthy

2019-04-04Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Fourth day of April Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MR JUSTICE C. SARAVANAN CMP No.8518 of 2019 IN CMA.NO.2129 OF 2019 THE BRANCH MANAGER [ PETITIONER ] TATA AIG GENRERAL INSURANCE COMPANY LTD., 1ST FLOOR, NO.202, 100 FEET ROAD, MUDALIARPETTAI, PUDUCHERRY Vs 1 KRISHNAMURTHY [ RESPONDENT ] 2 SATHIYAMOORTHY Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceedings pursuant to the decree and Judgement dated 07th day of September, 2018, made in MCOP No.740/2016 on the file of MACT, (Additional Sub Court), Puducherry, (IN pending disposal of the above appeal.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MANOHAR S., Advocate for the petitioner and of Mr.R.Sreedhar, for caveator on behalf of the Respondents the court made the following order:- (Order of the Court was made by M.M.SUNDRESH, J.) Mr.R.Sreedhar, learned counsel takes notice for the first respondent/caveator.

2.There shall be an order of interim stay on condition that the petitioner/insurance company deposits 50% of the compensation amount awarded by the Tribunal along with proportionate interest to the credit of M.C.O.P.No.740 of 2016 on the file of the Motor Accidents Claims Tribunal (Additional Sub Court), Puducherry, within a period of six weeks from the date of receipt of a copy of this order.

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3.On such deposit, the first respondent/claimant is permitted to withdraw 50% of the amount deposited along accrued interest. This Civil Miscellaneous Petition is disposed of accordingly. -sd/- 04/04/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL SUBORDINATE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL PUDUCHERRY C.C. To MR.MANOHAR S. Advocate sr.no.4903 C.C.TO THE MR. R.SREEDHAR, ADVOCATE SR.NO.4892 Order in CMP No.8518 of 2019 IN CMA.NO.2129 OF 2019 Date :04/04/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (16/04/2019) https://hcservices.ecourts.gov.in/hcservices/