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Madras High CourtCMP/19678/2017stay made absolute

The Branch Manager v. Sakunthala

2020-08-12Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of August Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE R.MAHADEVAN CMP No.19678 of 2017 IN CMA.3198 of 2017 THE BRANCH MANAGER [ PETITIONER ] NATIONAL INSURANCE CO. LTD., TIRUVARUR BRANCH, TIRUVARUR DISTRICT Vs 1 SAKUNTHALA [ RESPONDENTS ] 2 MINOR SUHASINI (MINOR SECOND PETITIONER REPRESENTED BY HER MOTHER AND NEXT FRIEND, 1ST PETITIONER, THROUGH SAKUNTHALA) 3 VASANTHA 4 THANGARAJ ALIAS THANGARASU 5 JAYAKUMAR 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 in pursuance of the judgment and decree dated 10/04/2017 and made in MCOP NO.6/2016 on the file of the Chief Judicial Magistrate Court, Tiruvarur, Motor Accident Claims Tribunal, pending CMA.No.3198/2017.

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.S.VADIVEL, Advocate for the petitioner and of MR.N.PALANIVEL, Advocate for R1 to R4 and 5th Respondent not appearing either in person or by an Advocate, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Court, by order dated 21.11.2017, granted an order of interim stay on condition to deposit the entire award amount together with interest by the appellant / insurance company, within a period of four 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 21.11.2017 has been duly complied with by the appellant.

3.In view of the above, interim order already granted is made absolute and this Civil Miscellaneous Petition is ordered accordingly.

-sd/- 12/08/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHIEF JUDICIAL MAGISTRATE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUVARUR.

C.C. to M/S.S.VADIVEL Advocate on payment of necessary charges C.C. to M/S.N.PALANIVEL, Advocate on payment of necessary charges Order in CMP.19678/2017 ` IN CMA.No.3198 of 2017 Date :12/08/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RR 22/09/2020 https://hcservices.ecourts.gov.in/hcservices/