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Madras High CourtCMP(MD)/4928/2022allowed

The Divisional Managner, v. Muthu Ramalinagam

2022-06-23Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.4928 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.4928 of 2022 IN CMA(MD) No.569 of 2022 THE DIVISIONAL MANAGNER, UNITED INDIA INSURANCE COMPANY LIMITED, UNION BANK OF INDIA UPSTAIRS, MADURAI ROAD, VIRUDHUNAGAR.

... PETITIONERS / APPELLANT Vs 1 MUTHU RAMALINAGAM 2 M.MUTHAMMAL 3 A.POTHU RAJA 4 M/S.NEW HINDUSTAN STEELS, NO.681/2, GNANAGIRI ROAD, SIVAKASI-626 123.

5 THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD, NO.105/1, 1ST FLOOR, MADURAI ROAD, VIRUDHUNAGAR.

... 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 Judgment and decree dated 20-01-2022 passed in MCOP.No.103 of 2018 on the file of Motor Accidents Claims Tribunal and Additional District Court, Virudhunagar pending disposal of the above CMA. Prayer in CMA(MD). 569/ 2022 :

To set aside the judgment and decree dated 20-01-2022 passed in MCOP.No.103 of 2018 on the file of Motor Accidents Claims Tribunal and Additional District Court, Virudhunagar.

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 Mr.I.SUTHAKARAN, Advocate for the petitioner and of M/S.K.R.SHIVA SHANKARI, Advocate on behalf of the Respondents, While admitting the CMA., the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4928 of 2022 There shall be an order of Stay on condition that the petitioner/appellant shall deposit 50 % of the award amount with proportionate interests and costs, awarded in M.C.O.P.No.103 of 2018, on the file of the Motor Accident Claims Tribunal and Additional District Judge, Virudhunagar, within a period of four weeks from the date of this order, after deducting the amount already deposited by him, to the credit of M.C.O.P.No.103 of 2018, on the file of the Motor Accident Claims Tribunal and Additional District Judge, Virudhunagar, failing which, interim stay granted shall stand automatically dismissed.

2. This Petition is allowed accordingly.

sd/- 23/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, VIRUDHUNAGAR.

+1 CC to M/s.K.R.SHIVASHANKARI, Advocate ( SR-6018[I] dated 23/06/2022 ) +1 CC to M/s.I.SUTHAKARAN, Advocate ( SR-6039[I] dated 23/06/2022 )

ORDER

IN CMP(MD) No.4928 of 2022 IN CMA(MD) No.569 of 2022 Date :23/06/2022 ls MK/SVR/SAR.I/27.06.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2