Court closed a petition praying to stay a Motor Accident Claims Tribunal award. The stay was revoked automatically under a specific condition in a prior order due to the petitioner's failure to confirm deposition of the required awarded amount.
Petition closed; interim stay automatically vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Wednesday, the Sixteenth day of September Two Thousand Twenty
PRESENT
THE HON`BLE MR JUSTICE R. MAHADEVAN
CMP No.573 of 2018
in CMA.NO.47/2018
THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, VILLUPURAM LTD - III, KANCHEEPURAM
[ PETITIONER ]
Vs
1 RAJESWARI [ RESPONDENTS ]
2 KALAIVANAN
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Stay the award dated 11/10/2012 on the file of Motor Accident Claims Tribunal Arani made in MCOP No 35 of 2008 (CMP.573/2018) pending disposal of the above CMA.47/2018
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.C.S.K.SATHISH, Advocate for the petitioner and of MR.S.SAIRAMAN, on behalf of the Respondents the court made the following order:-
In this petition, by order dated 01.02.2018, this Court granted an order of interim stay on condition that the petitioner deposits 50% of the award amount within a period of four weeks from the date of the said order. While passing such order, it was specifically mentioned in the said order that “in the event of failure on the part of the petitioner to deposit the said amount within the stipulated period, the interim stay granted would stand automatically vacated”.
2.Today, when the matter was taken up for consideration, the learned counsel for the appellant / petitioner was unable to state whether the said compensation amount has been deposited by the appellant / petitioner or not.
3.In view of the above, this petition stands closed, by virtue of the specific clause in the order dated 01.02.2018 as stated in para 1 of this order.
-sd/-
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE SUBORDINATE JUDGE,
MOTOR ACCIDENTS CLAIMS TRIBUNAL, ARANI,
C.C. to MR.C.S.K.SATHISH, Advocate on payment of necessary charges.
C.C. to M/S. S. SAIRAMAN Advocate on payment of necessary charges
Order in
CMP.573/2018
in CMA.47/2018
Date :16/09/2020
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 21/09/2020
1 issue framed by the court
Whether the interim stay granted on deposit of 50% award amount automatically vacates upon failure to deposit the said amount.
THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, VILLUPURAM LTD - III, KANCHEEPURAM
RAJESWARI
KALAIVANAN
R. MAHADEVAN
As recorded by the court registry
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