Iffco Tokio v. Bhoopathy

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.13790 of 2017 IN CMA.No.2534 of 2017 IFFCO-TOKIO, [ PETITIONER ] GENERAL INSURANCE COMPANY LTD., N.NO.28,O.NO.195,NORTH USMAN ROAD, T.NAGAR, CHENNAI - 600 017.

VS 1 BHOOPATHY [ RESPONDENTS ] 2 CHITRA 3 M/S.HARSHA AUTOMOBILES PVT.LTD., SURVEY NO.92,DOOR NO.142-A, POONAMALLE HIGH ROAD, VELAPPANCHAVADI, CHENNAI - 600 077.

(SET EX.PARTY BEFORE THE TRIAL COURT) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the Order and Decreetal order passed in MCOP 2321/2013 dated 19.10.2016 on the file of Motor Accident Claims Tribunal (IV Court of Small Causes) Chennai (IN CMP.No.13790 of 2017) pending disposal of the above appeal (CMA.No.2534 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.C.R.KRISHNAMOORTHY, Advocate for the petitioner and of MR.J.RAMKUMAR, Advocate for the first and second respondents, the court made the following order:- In this miscellaneous petition, on 23.08.

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 four 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, https://hcservices.ecourts.gov.

the interim stay granted would stand automatically vacated without any further reference to this Court.

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 23.08.2017 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 REGISTRAR, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IV COURT OF SMALL CAUSES, CHENNAI.

C.C. to MR.C.R.KRISHNAMOORTHY Advocate on payment of necessary charges Order in CMP.No.13790 of 2017 IN CMA.No.2534 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/