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Madras High CourtCMP(MD)/11472/2024allowed

K.Dhanalakshmi v. The Managing Director,

2024-09-02Honourable Mr Justice Sunder Mohan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) No.430 of 2024 1 K.DHANALAKSHMI 2 T.P.KANDASAMY ... Petitioners / Respondents 1 & 2 Vs THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT TRANSPORT CORPORATION, PERIYAMILAGUPARAI, TRICHY.

... Respondent / Appellant Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to withdraw the admitted liability amount (Rs.5,00,000/-) with the accrued interest to the credit of MCOP.No.316/2021 on the file of the Motor Accident Claims Tribunal/Additional District Judge, Karur pending disposal of CMA(MD).No.430 of 2024.

Prayer in CMA(MD). 430/ 2024 :

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act to allow this appeal by set aside the order and decreetal order dated 12-07-2023 made in M.C.O.P.No.316 of 2021 on the file of the Motor Accident Claims Tribunal / The learned Additional District Judge, Karur.

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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.K.SURESH KUMAR, Advocate for the petitioners and of Mr.K.RAMAIAH, Advocate on behalf of the Respondent, the Court made the following order:- This petition is filed to withdraw the admitted liability amount of Rs.5,00,000/-.

2. Heard both sides.

3. It is reported that the appellant has already deposited the admitted amount of Rs.5 lakhs as per the order dated 08.07.2024.

4. The petitioner is permitted to withdraw the admitted amount of Rs.5 lakhs with accrued interest.

5. The Registry is directed to call for the records from the concerned court. The records shall reach this Court on or before 24.09.2024.

6. Post the main appeal on 24.09.2024.

sd/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To The Additional District Judge, Motor Accident Claims Tribunal, Karur.

Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SURESH KUMAR, Advocate ( SR-10821[I] dated 04/09/2024 )

ORDER

IN in CMA(MD) No.430 of 2024 Date :02/09/2024 ED/ SG /SAR- (07/09/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3