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Madras High CourtCMP/14177/2017ordered

S.R.S.Exports v. Karur Vysya Bank Limited

2017-11-02Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Second day of November Two Thousand Seventeen PRESENT THE HON`BLE DR. JUSTICE S. VIMALA CMP No.14177 of 2017 IN CMA.595/2016 1.A.MADEENA BEEVI, [ PETITIONERS ]

2. M.NASIMA BEGUM 3.A. NISAMA BEGUM 4.A.NAGOOR BASHA 5.A.SIKKANDAR BACHA

6. A.KADAR BASHA Vs 1 THE BRANCH MANAGER [ RESPONDENTS ] UNITED INDIA INSURAMCE CO LTD., BRANCH OFFICE, MAIN ROAD, OOTY, THE NILGRIS.

2. P.SARAVANAN

3. B.SAIRABANU Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue an interim direction to permitted me to withdraw the 50% of deposited amount from the bank along with interest for the said amount on credit of MCOP.NO.1983 of 2013 on the file of the Motor Accident Claims Tribunal, Coimbatore ( in CMP No.14177 of 2017) Pending disposal of the above IN CMA.595/2016. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.B.KUMARASAMY, Advocate for the petitioner the court made the following order:- This petition has been filed by the claimants to permit the petitioner to withdraw 50% of the deposited amount with interest in the credit of MCOP No.1983 of 2013 on the file of Motor Vehicles Accident Claims Tribunal, Coimbatore.

2. Heard the learned counsel for the petitioner.

3. Quantum alone is under challenge and it is represented by the learned counsel for the petitioner that the 1st petitioner is undergoing some medical treatment.

4. Considering the reasons stated in the affidavit filed in support of this petition and after satisfying with the same, the claimants are permitted to withdraw 50% of the award amount lying to the credit of MCOP No.1983 of 2013 on the file of Motor Vehicles Accident Claims Tribunal, Coimbatore, as per the apportionment fixed by the Tribunal, with proportionate accrued interest and costs.

5. This petition is ordered accordingly.

6. Post the appeal after three weeks.

-sd/- 02/11/2017 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SPECIAL SUBORDINTE JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL COIMBATORE.

C.C. to M/S.B.KUMARASAMY Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP.14177/2017 in CMA.595/2016 Date :02/11/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (11/11/2017)