N. Kadhir v. The Manager, The Bajaj

C.M.P.No.15849 of 2016 in C.M.A No.1813 of 2015 M.Jaichandren.J., and T.Mathivanan.J., This petition has been filed to permit the petitioner to withdraw the entire award amount deposited to the credit of M.C.O.P.No.148 of 2010 on the file of the Motor Accident Claims Tribunal (Principal Sub-Court), Krishnagiri along with interest accrued thereon.

2. It it to be noted that by an order dated 26.08.2015, this Court had passed an order in M.P.No.1 of 2015, granting an order of interim stay of the operation of the decreetal order dated 22.09.2014, made in M.C.O.P.No.148 of 2010, on the file of the Principal Sub-Court, Krishnagiri on condition that the appellant in C.M.A.No.1813 of 2015 deposits 50% of the award amount with proportionate accrued interest and costs, within a period of six weeks from the date of receipt of a copy of the said order.

3. The learned counsel appearing on behalf of the appellant, in the Civil Miscellaneous Appeal in C.M.A.No.1813 of 2015, had submitted that the conditional order dated 26.08.2015, passed by this Court, had been complied with and 50% of the award amount, along with costs and interest accrued thereon, had been deposited on 22.09.2015.

4. In such circumstances, the petitioner in C.M.P.No.15849 of 2016 is permitted to withdraw the entire amount deposited by the appellant, as per the order passed by this Court on 26.08.2015, along with the interest accrued thereon by filing a proper application, before the appropriate Court, in accordance with the procedure prescribed.

This petition is ordered accordingly.

(M.J., J) (T.M.,J) 11.01.2017 gpa

M.Jaichandren.J., and T.MathivananJ., C.M.P.No.15849 of 2016 in C.M.A No.1813 of 2015 11.01.2017

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