Madras High CourtCMP(MD)/7549/2021closed

S.Revathi, v. K.Ganapathy,

2021-09-23Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD) No.7549 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of September Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.7549 of 2021 in CMA(MD)No.707 of 2019 S.REVATHI, ... PETITIONER/APPELLANT Vs K.GANAPATHY, ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioner to withdraw 50 percent of the award amount with accrued interest and cost deposited to the credit of M.C.O.P.No.70 of 2017 on the file of the Motor Accidents Claims Tribunal,(Chief Judicial Magistrate Court) Nagercoil, Kanyakumari District,pending disposal of the above Civil Miscellaneous Petition. Prayer in CMA(MD). 707/ 2019 :

To call for the records relating to the Judgment and Decree passed by Learned Chief Judicial Magistrate cum MACT, Nagercoil in M.C.O.P.No.70 of 2017 dated 18.09.2018 and set aside the same. 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.C.SANKAR PRAKASH, Advocate for the petitioner and of MR.K.P.NARAYANA KUMAR, Advocate on behalf of the Respondent, the court made the following order:- This Civil Miscellaneous Petition has been filed by the petitioner to permit the petitioner to withdraw 50% of the award amount with accrued interest and cost deposited to the credit of M.C.O.P.No.70 of 2017 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Nagercoil, Kanyakumari District.

2.Perused the records.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7549 of 2021 3.Considering the facts and circumstances of the case, this petitioner is permitted to withdraw 25% of the deposited amount with proportionate accrued interest and costs, by filing appropriate application before the Tribunal. Notice. Private notice is also permitted.

sd/- 23/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ksa Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO THE CHIEF JUDICIAL MAGISTRATE MOTOR ACCIDENTS CLAIMS TRIBUNAL, NAGERCOIL, KANYAKUMARI DISTRICT.

+1 CC to MR.C.SANKAR PRAKASH, Advocate (SR-6615[I]dated 27/09/2021 )

ORDER

IN CMP(MD) No.7549 of 2021 in CMA(MD)NO. 707 of 2019 Date :23/09/2021 PKP/JC/SAR-1/29.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2