Madras High CourtCMP(MD)/3133/2019ordered

The Branch Manager, v. Shanthi,

2019-06-24Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fourth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3133 of 2019 IN CMA(MD) No.1179 of 2018 THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, P.P.K.COMPLEX 1ST FLOOR, 3548/2, 3549/1, 2ND SOUTH RAJA STREET, PUDUKOTTAI. ... PETITIONER/ PETITIONER/ APPELLANT Vs 1 SHANTHI 2 MINOR.MANO 3 MINOR.RAMA 4 S.VELLAISAMY C.K.THIRUMENI DEVAR (DIED) 5 THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., MADURAI, MADURAI DISTRICT.

6 SIVALINGAM 7 SIVAMURUGAN ... RESPONDENTS/ RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to enlarge the time granted by this Honourable Court in CMP(MD) NO.12126 of 2018 in CMA(MD)No.1179 of 2018 dated 19.12.2018 by one month for compliance and thereby render justice. Prayer in CMP(MD). 12126/ 2018 in CMA(MD). 1179/ 2018: Pleased to grant stay all further proceedings pursuant to the award dated 29.08.2018 passed in M.C.O.P.No.197 of 2007 by the Motor Accident Claims Tribunal, Special Court for E.C& N.D.P.S.Cases, Pudukottai pending disposal of the above CMA and thereby render justice.

Prayer in CMA(MD). 1179/ 2018 :

Pleased to call for the records relating to the Fair Order and Decreetal Order dated 29.08.2018 passed in M.C.O.P.No.197 of 2007 by the Motor Accident Claims Tribunal, Special Court for E.C& N.D.P.S.Cases, Pudukottai and set aside the same with costs and thereby render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.MALAICHAMY, Advocate for the petitioner and of Mr.K.C.MANIYARASU, Advocate for R1 to R3 and M/S.P.MALINI, Advocate for R5 and M/S.K.HEMA KARTHIKEYAN, Advocate for R6 and No Appearance either in person or by an Advocate for R4 and R7, the court made the following order:- Heard.

2.This Court, in C.M.P(MD)No.12126 of 2018, vide order, dated 19.12.2018, granted an order of interim stay on condition that the petitioner / appellant shall deposit the entire award amount with accrued interest and costs to the credit of M.C.O.P.No.197 of 2017 on the file of the Motor Accidents Claims Tribunal, within a period of four weeks from the date of receipt of copy of the order. 3.This petition has been filed by the petitioner seeking to enlarge the time granted by this Court in C.M.P(MD)No.12126 of 2018, dated 19.12.2018 by one month for compliance. 4.M/s.P.Malini, learned counsel, takes notice for the fifth respondent.

5.The learned counsel for the contesting respondents do not have any objection for extending the time limit. 6.Considering the reasons stated by the petitioner for extension of time, four weeks time is extended from today to comply with the order dated 19.12.2018 made in C.M.P(MD)No.12126 of 2018. 7.This petition is ordered accordingly.

sd/- 24/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL COURT FOR EC AND NDPS CASES, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.

+1. C.C. to Mr.D.MALAICHAMY Advocate SR.No.10316

ORDER

IN CMP(MD) No.3133 of 2019 IN CMA(MD) No.1179 of 2018 Date :24/06/2019 TK/PN/SAR.4/27.06.2019/3P/3C