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Madras High CourtCMP(MD)/12535/2023allowed

The Divisional Manager v. Ghai Chin Hu,

2023-09-25Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CMA(MD) No.886 of 2023 THE DIVISIONAL MANAGER THE NATIONAL INSURANCE COMPANY LIMITED, NO.5-A, SUB COLLECTOR OFFICE ROAD, DINDIGUL.

... PETITIONER/APPELLANT Vs 1 GHAI CHIN HU, 2 R.VASANTHA ... 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 grant interim stay of all further proceedings pursuant to the Judgment and Decree dated 20.11.2021 made in MCOP No.42 of 2019 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court to deal with MCOP cases, Dindigul pending disposal of the appeal.

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Prayer in CMA(MD). 886/ 2023 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aise the Judgment and Decree in MCOP No.42 of 2019 dated 20.11.2021 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court to deal with MCOP Cases, Dindigul and allow the appeal with costs and thus render justice. 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 arguments of M/S.J.S.MURALI, Advocate for the petitioner, the court made the following order:- Interim stay on condition that the Petitioner/appellant to deposit 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.

42 of 2019, on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court to deal with MCOP Cases, Dindigul, within a period of six 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. sd/- 25/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TTA TO THE SPECIAL SUBORDINATE JUDGE TO DEAL WITH MCOP CASES, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

COPY TO:

THE SECTION OFFICER V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(CALL FOR RECORDS) +1 CC to M/s.J.S.MURALI, Advocate ( SR-14169[I] dated 26/09/2023 )

ORDER

IN Date :25/09/2023 SA/DD/SAR. /03.10.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3