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M/S.Kals Distileries Pvt. Ltd., v. P.Balamurugan

2023-07-18Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD) No.636 of 2023 M/S.KALS DISTILERIES PVT. LTD., NO.121-2, KALLAKOTTAI VILLAGE, GANDAVARKKOTTAI, PUDUKOTTAI DISTRICT - 622 001.

... PETITIONER/APPELLANT Vs 1 P.BALAMURUGAN 2 B.RAJAMMAL 3 B.SENTHAMIL SELVAN 4 B.KARUNAKARAN 5 IFFCO TOKIO GENERAL INSURANCE CO.LTD., NO.28 (OLD NO.195), NORTH USMAN ROAD, T.NAGAR, CHENNAI - 600 017.

... 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 all further proceedings pursuant to the decree and judgment dated 10-07-2019 made in M.C.O.P.No.5071/2013, on the file of the Special District Judge (MCOP Cases), Tiruchirappali, pending disposal of the above appeal. 1/3

Prayer in CMA(MD). 636/ 2023 :

To take this file an appeal call for records relating to judgment and decree dated 10-07-2019 made in M.C.O.P.No.5071 of 2013 on the file of the Special District Judge (MCOP Cases) Tiruchirappalli is liable to set aside. 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.MURUGENDRAN, Advocate for the petitioner and of MR.V.SAKTHIVEL, Advocate on behalf of the 5th Respondent, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Interim stay is granted on condition that the appellant/Petitioner deposits 25% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.5071 of 2013, on the file of the Motor Accident Claim Tribunal/Special District Judge (MCOP cases), Tiruchirapalli, within a period of four weeks from the date of receipt of a copy of this order, failing which, interim stay granted shall stand automatically vacated without further reference to this Court.

2. Issue notice to the respondents 1 to 4, returnable by 18.08.2023. Private notice is also permitted.

3. List on 18.08.2023.

sd/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / SPECIAL DISTRICT JUDGE (MCOP CASES), TIRUCHIRAPALLI.

ORDER IN in CMA(MD) No.636 of 2023 Date :18/07/2023 RS/BUC/SAR-(25.07.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3