Branch Manager v. Alagu Dinesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CMA(MD)No. 762 of 2023 BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED, BBK COMPLEX, SOUTH MAIN STREET, PUDUKKOTTAI.

... PETITIONER/APPELLANT Vs 1 ALAGU DINESH 2 RAJAMANICKAM, ...RESPONDENTS/RESPONDENTS (R2 IS NOT A NECESSARY PARTY FOR ADJUDICATION NOTICE DISPENSED WITH) 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 an order of Interim Stay of all further proceedings pursuant o the Judgment and Decree made in MCOP No.417 of 2020 dated 19.10.2022 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Pudukkottai pending disposal of the appeal.

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PRAYER IN CMA(MD)No. 762 of 2023:

Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, to set aside the Judgment and Decree passed in MCOP No.417of 2020 dated 19.10.2022 on the file of the Motor Accidents Claims Tribunal, Principal District Court, Pudukkottai and allow the appeal with costs.

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, while admitting the Civil Miscellaneous Appeal, the court made the following order:- Interim stay is granted on condition that the Petitioner/appellant deposits 50% of the award amount with proportionate accrued interest and costs to the credit of M.C.O.P.No.417 of 2020, on the file of the Motor Accident Claims, Principal District Court, Pudukkottai, within a period of four 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/- 24/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SN TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUDUKKOTTAI.

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+1 CC to M/s.J.S.MURALI, Advocate ( SR-12798[I] dated 25/08/2023 )

ORDER

IN in CMA(MD)No. 762 of 2023 Date :24/08/2023 PKP/VR/SAR- /30.08.2023/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3