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Madras High CourtCMP(MD)/4006/2022dismissed

Gurunathan, v. Karuppaiah,

2022-04-28Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP(MD) No.4006 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.4006 of 2022 IN CMA(MD) No.213 of 2018 GURUNATHAN ... PETITIONER/PETITIONER/APPELLANT Vs 1 KARUPPAIAH 2 ARUMAIKANNU 3 CHINNAIAH 4 THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, P.P.K. COMPLEX, T.S. NO. 3548/2, 3549/1, 2ND FLOOR, SOUTH MAIN STREET, PUDUKKOTTAI. ... RESPONDENTS/RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extend the time to comply with the order made in C.M.P. (MD). No. 3336 of 2018 in C.M.A. (MD). No. 213 of 2018 by this Honourable Court dated 10.04.2018.

PRAYER IN CMA(MD) No.213 of 2018:

Pleased to set aside the judgment and Decree made in M.C.O.P.No.47 of 2012 by the Motor Accidents Claims Tribunal (Principal District Court), Pudukottai dated 20.01.2017. 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.T. LENIN KUMAR, Advocate for the petitioner, the Court made the following order:- This Civil Miscellaneous Petition has been filed to extend the time to comply with the order made in C.M.P(MD).No.3336 of 2018 in C.M.A(MD).No.213 of 2018 on 10.04.2018 by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4006 of 2022

2. From the records, it is seen that this Court has passed an order of interim stay on 10.04.2018 as follows:- There shall be an order of interim stay on condition that the appellant deposits 50% of the entire award amount with accrued interests and costs to the credit of M.C.O.P.No.47 of 2012 on the fiel of the Motor Accident Claims Tribunal/Principal District Court, Pudukottai within a period of eight weeks from the date of receipt of a copy of this order, failing which, interim stay granted shall stand vacated automatically without further reference to the Court.

3. After a lapse of three years, the petitioner has not complied with the order of this Court dated 10.04.2018 made in C.M.P(MD).No.3336 of 2018 in C.M.A(MD).No.213 of 2018 so far. Hence, this Court is not inclined to entertain the present petition. Accordingly, the Civil Miscellaneous Petition is dismissed.

sd/- 28/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.

ORDER

IN CMP(MD) No.4006 of 2022 IN CMA(MD) No.213 of 2018 Date :28/04/2022 SS/PN/SAR:II/05.05.2022 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2