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Madras High CourtCMP/8007/2017stay made absolute

M/S. United India Insurance v. M. Dhanapal

2020-07-28Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of July Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE R. MAHADEVAN C.M.P.Nos.8007 & 17091 of 2017 in C.M.A.No.1492 of 2017 1 M/S. UNITED INDIA INSURANCE [ PETITIONER IN CMP.No.8007 of 2017 CO.LTD., AND 1ST RESPONDENT IN CMP.17091/17 REP.BY ITS MANAGER, SILINGI BUILDING, NO.134, GREAMSES ROAD, CHENNAI-9 Vs 1 M. DHANAPAL [ 1ST RESPONDENTS IN CMP.No.8007 of 2017 AND 1ST PETITIONER IN CMP.17091/17] 2 IMTHIAZ [2ND RESPONDENTS IN BOTH THE PETITIONS] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant Interim Stay of all further proceedings in pursuance of the Judgment and decree dated 4.2.2015 passed in MACT OP No.939/2013 by the IV Judge, Motor Accidents Claims Tribunal, Chennai (IN CMP.NO.8007 OF 2017) pending disposal of the above IN CMA.NO.1492 OF 2017 AND;

(II)To permit the petitioner to withdraw 50% of the amount deposited to the credit of MCOP NO 939/2013 on the file of IV Small Causes Court, Chennai (IN CMP.NO.17091 OF 2017) pending disposal of the above IN CMA.NO.1492 OF 2017 AND;

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.R.RATHNA THARA, Advocate for the PETITIONER IN CMP.No.8007 of 2017 AND 1ST RESPONDENT IN CMP.17091/17 and of MR.K.PREM KUMAR, ADVCOCATE 1ST RESPONDENTS IN CMP.No.8007 of 2017 AND 1ST PETITIONER IN CMP.17091/17 the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

C O M M ON O R D E R This Court, by order dated 10.07.2017 in C.M.P.No.8007 of 2017 granted an order of interim stay on condition to deposit the entire award amount by the appellant / Insurance company, within a period of two weeks.

2. Today, when the case is taken up for hearing, the learned counsel for the appellant insurance company, on instructions, submitted that the conditional order dated 10.07.2017 has been duly complied with by the appellant.

3. In view of the above, interim order already granted is made absolute and CMP.No.8007 of 2017 is ordered accordingly. Consequently, connected C.M.P.No.17091 of 2017 stands closed. -sd/- 28/07/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE REGISTRAR, SMALL CAUSES COURT CHENNAI C.C. to M/S.R.RATHNA THARA Advocate on payment of necessary charges Order in C.M.P.Nos.8007 & 17091 of 2017 in C.M.A.No.1492 of 2017 Date :28/07/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (04/09/2020) P https://hcservices.ecourts.gov.in/hcservices/