Madras High CourtCMP(MD)/848/2023allowed

The Divisional Manager, v. Muthulakshmi

2023-01-30Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.848 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirtieth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.848 of 2023 in CMA(MD)No.69 of 2023 THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, ELLIS NAGAR, 70 FEET ROAD, 12 PARVATHY PALAZA, GROUND FLOOR, MADURAI. ... PETITIONER/APPELLANT Vs 1 MUTHULAKSHMI 2 DURAIRAJ 3 VASANTHI 4 PRIYA 5 N.J. ARUNKUMAR 6 KANNAYIRAM 7 P. RAJA ...RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to stay the order dated 17.10.2022 passed in E.C. No. 101 of 2017 on the file of the Commissioner of Labour, (Workmen Compensation) Madurai pending disposal of the above Civil Miscellaneous Appeal and render justice.

Prayer in CMA(MD). 69/ 2023 :

Civil Miscellaneous Appeal filed under section 30 of Employees Compensation Act to set aside the Judgment and Decree dated 17/10/2022 passed in E.C. No. 101 of 2017 before the Honourable Commissioner of Labour, Madurai (Workmen Compensation). 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.G.PRABHU RAJADURAI, Advocate for the petitioner, while admitting the CMA., the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.848 of 2023 There shall be an order of stay on condition that the petitioner/appellant shall deposit the award amount with accured interest and costs, less 10% towards T.D.S, within a period of four weeks from the date of this order, failing which, stay granted shall stand automatically dismissed.

This petition is allowed accordingly.

sd/- 30/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ls TO The Deputy Commissioner of Labour, Madurai (Workmen Compensation).

+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-1498[I] dated 31/01/2023 )

ORDER

IN CMP(MD) No.848 of 2023 in CMA(MD)No.69 of 2023 Date :30/01/2023 RK/SAR-4 (06/02/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2