Fathi Muthu Zahara, v. M/S. Tamilnadu State Transport Corporation Limited,
CMP.(MD)No.159 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice N.MALA CMP.(MD)No.159 of 2023 in CMA.(MD)No.838 of 2022 FATHI MUTHU ZAHARA, ... PETITIONER/RESPONDENT Vs M/S. TAMILNADU STATE TRANSPORT CORPORATION LIMITED,, NO. 19, THIRUVANANTHAPURAM ROAD, VANNARAPETTAI POST, TIRUNELVELI - 627 003.
REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENT/APPELLANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to withdraw deposited amount to credit of M.C.O.P. No. 1414 of 2018 on the file of the Motor Accident Claims Tribunal, (III Additional District Court) Tirunelveli, pending disposal of the above Civil Miscellaneous Petition and thus render justice.
Prayer in CMA(MD). 838/ 2022 :
Civil Miscellaneous Petition filed under Section 173 of Motor Vehicle Act to call for the records relating to the order and decreetal order dated 25-11-2021 passed in M.C.O.P.No.1414 of 2018 by the Motor Accident Claims Tribunal / (III -Additional District Court) Tirunelveli and set aside the same.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.SELVAKUMARAN, Advocate for the petitioner and of M/S.R.RAJA MOHAN, Advocate on behalf of the Respondent, the court made the following order:- This civil miscellaneous petition has been filed to withdraw the deposited amount to the credit of MCOP.No.1414 of 2018 on the file of the Motor Accident Claims Tribunal (III Additional District Court), Tirunelveli.
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CMP.(MD)No.159 of 2023 2.The learned counsel appearing for the respondent submitted that the amount deposited is an admitted amount and therefore he has no objection for the petitioners' withdrawal. (*)3.The petitioner is directed to withdraw the award amount in the same proportion as directed by the Tribunal in the Judgment and decree dated 25.11.2021. This petition is ordered, accordingly. It is submitted that connected CMA(MD)No.910 of 2022 is also pending. Registry is directed to post this CMA along with CMA(MD) No.910 of 2022.
sd/- 13/02/2023 (*)FOR BEING MENTIONED AS PER ORDER OF THIS HON'BLE COURT DATED 01.03.2023 IN CMP(MD).159/2023 IN CMA(MD).838/2022 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
gns TO TO BE SUBSTITUTED WITH THE ORDER DATED 13/02/2023 ALREADY DESPATCHED THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (III ADDITIONAL DISTRICT COURT) TIRUNELVELI.
COPY TO THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.SELVAKUMARAN, Advocate ( SR-2244[I] dated 14/02/2023 )
ORDER
IN CMP.(MD)No.159 of 2023 in CMA.(MD)No.838 of 2022 Date :13/02/2023 RK/SSS/SAR-4 (17/02/2023) 2P/4C GNS SA/BUC/SAR.1/13.03.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2