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Madras High CourtCMP(MD)/12281/2023allowed

The Divisional Manager v. Manjula

2023-09-19Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI AND CMA(MD) No.862 of 2023 THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, NO.39/40, SARATHA SHOPPING COMPLEX, SIMMAKKAL, MADURAI.

... PETITIONER/APPELLANT Vs 1 MANJULA 2 MAHENDRAN 3 JEYAVEERAPANDIYAN 4 SIVANANDI ... RESPONDENTS/RESPONDENTS Civil Miscellaneous 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 in pursuant to the common judgment dated 18-07-2022 made in M.C.O.P.No. 367 of 2017 on the file of Learned Special District Court for MCOP Cases, madurai pending disposal of the appeal. Prayer in CMA(MD). 862/ 2023 :

To set aside the common judgment dated 18-07-2022 made in M.C.O.P.No. 367 of 2017 on the file of Learned Special District Court for MCOP Cases, madurai. ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the 1/3

arguments of M/S. A.ILANGO, Advocate for the petitioner, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Heard and perused the records.

2. Considering the facts and circumstances, there shall be an order of interim stay on condition that the petitioner / appellant shall deposit 50% of the award amount together with proportionate interest and costs, to the credit of MCOP No.367 of 2017 on the file of the Motor Accidents Claims Tribunal / Special District Court, Madurai, within a period of six weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 19/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO THE MOTOR ACCIDENTS CLAIMS TRIBUNAL / SPECIAL DISTRICT JUDGE, MADURAI.

+1 CC to M/s.A.ILANGO, Advocate ( SR-13956[I] dated 21/09/2023 ) 2/3

ORDER

IN AND CMA(MD) No.862 of 2023 Date :19/09/2023 RS/GB/SAR-(25.09.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3