Oriental Insurance Companyltd v. J. Karthik

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the First day of September Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE R.MAHADEVAN CMP.No.13072 of 2017 IN CMA.No.2417 of 2017 ORIENTAL INSURANCE COMPANY LTD., [ PETITIONER ] REP.BY ITS BRANCH MANAGER, BRANCH OFFICE AT NO.25-C,ARUNAGIRI COMPLEX, 3RD FLOOR,BYE-PASS ROAD, HOSUR - 635 109.

VS 1 J.KARTHIK [ RESPONDENTS ] 2 NAGANATHINAMMA (2ND RESPONDENT HEREIN IS NOT A NECESSARY PARTY TO THIS PETITION. HENCE, R-2 IS HEREBY GIVEN UP IN THIS PETITION. HENCE, NOTICE TO R-2 IS NOT NECESSARY) 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 judgment dated 19th day of December, 2006, made in M.C.O.P.No.249 of 2005, on the file of Motor Accident Claims Tribunal (Sub Court), Hosur, (IN CMP.No.13072 of 2017) pending disposal of the above appeal (CMA.No.2417 of 2017).

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.MANOHAR, Advocate for the petitioner and of MR.SHAKESPEARE, Advocate on behalf of the first respondent, the court made the following order:- In this miscellaneous petition, on 30.08.2017, an order of interim stay was granted subject to condition that the appellant/insurance company deposits the entire award amount, within a period of three weeks from the date of receipt of a copy of the said order. While passing such order, it was specifically mentioned therein that in the event of failure on the part of the petitioner to deposit the said amount within the specified period, the interim stay granted would stand automatically vacated without any further reference to this Court.

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2.Today, when the case was taken up for consideration, the learned counsel appearing for the appellant was unable to state whether the aforesaid conditional order has been complied with by the appellant/insurance company or not.

3.In view of the above, this petition stands closed, by virtue of the specific clause in the order dated 30.08.2017 as stated in the paragraph No.1 of this order.

-sd/- 01/09/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, HOSUR.

C.C. to MR.S.MANOHAR Advocate on payment of necessary charges Order in CMP.No.13072 of 2017 IN CMA.No.2417 of 2017 Date :01/09/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format UM(14/09/2020) https://hcservices.ecourts.gov.in/hcservices/