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Madras High CourtCMP(MD)/1494/2020allowed

The Managing Director v. Perumal

2020-02-13Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.1494 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirteenth day of February Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CMP(MD) No.1494 of 2020 IN CMA(MD) No.88 of 2020 THE MANAGING DIRECTOR, DEV AQUA PRODUCT AND COMPANY, No.5/184, BUILDING OWNER, SRIRAGAVENDRA NAGAR, MADURAI BYEPASS, VEPPAMPALAYAM, MOCHAKOTTANPALAYAM POST, KARUR TALUK, KARUR DISTRICT. ... PETITIONER/APPELLANT Vs 1 PERUMAL 2 PACHAIAMMAL 3 BALU 4 J.B.FABRICATOR ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to STAY of all further proceedings in W.C.No.26 of 2013 on the file of Workmen Compensation Commissioner Tirbunal, Dindidugl dated 22.07.2019 pending disposal of the above appeal and thus 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 M/S.M.P.SENTHIL, Advocate for the petitioner and of Mr.V.KARUNA, Advocate on behalf of the Respondents, while admitting the Civil Miscellaneous Appeal, the court made the following order:- On the side of the petitioner, it is stated that the entire amount was already deposited before the Tribunal and the respondent already received a sum of Rs.3,00,000/- in person and the petitioner is having the receipt for the same.

2. On the side of the respondents, it is stated that the respondents have taken treatment as out-patient and required amount for medical expenses.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1494 of 2020

3. In the above circumstances, it is ordered that the respondents and 2 / claimants are entitled to withdraw a sum of Rs.3,00,000/- (Rupees Three Lakhs only) deposited by the petitioner / appellant before the Tribunal.

4. The respondents 1 and 2 / claimants are not entitled to withdraw the balance amount till the disposal of the Appeal.

5. With the above observation, this Petition is allowed and there shall be an order of interim stay till the disposal of the Appeal.

sd/- 13/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE WORKMEN COMPENSATION COMMISSIONER TRIBUNAL, DINDIGUL.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-3118[I] dated 14/02/2020 ) +1 CC to M/s.V.KARUNA, Advocate ( SR-3111[I] dated 14/02/2020 )

ORDER

IN CMP(MD) No.1494 of 2020 IN CMA(MD) No.88 of 2020 Date :13/02/2020 LS TE/JC/SAR-III : 27/02/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2