A.Dharmaraj Vs S.Sasikumar — Madras HC (2025) — LawSathi Research

A.Dharmaraj Vs S.Sasikumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of the conditional docket order dated January 19, 2023 passed in I.A.No.2 of 2022 in MCOP.No.63 of 2020 (Motor Accident Claims Tribunal-cum-Subordinate Court, Mettupalayam); Civil Revision Petition allowed; connected miscellaneous petition (C.M.P.No.12155 of 2023) closed; no costs; Tribunal directed to place the Demand Draft amount in a fixed deposit with a nationalised bank initially for one year, renewable periodically until disposal of MCOP.No.63 of 2020.

Issue for consideration

Whether the conditional docket order dated January 19, 2023 passed in I.A.No.2 of 2022 in MCOP.No.63 of 2020 (Motor Accident Claims Tribunal-cum-Subordinate Court, Mettupalayam) should be set aside upon compliance with the deposit condition imposed by this Court.

Court's answer

In view of the revision petitioner's compliance with the deposit condition, the conditional docket order dated January 19, 2023 passed in I.A.No.2 of 2022 in MCOP.No.63 of 2020 is set aside; the Civil Revision Petition is allowed, the connected miscellaneous petition is closed, and no costs are awarded.

Ratio / Principle

Consequential operative direction: the Motor Accident Claims Tribunal-cum-Subordinate Court, Mettupalayam, shall deposit the Demand Draft amount in a Fixed Deposit in any one of the Nationalised Banks initially for one year, renewable periodically until disposal of MCOP.No.63 of 2020.

Detailed headnote1 paragraphs

Madras High Court (R. Sakthivel, J.), 09.01.2025 — C.R.P. No.1917 of 2023 and C.M.P.No.12155 of 2023 (under Section 115, Code of Civil Procedure, 1908): A.Dharmaraj v. S.Sasikumar. The revision challenged a conditional docket order dated January 19, 2023 passed in I.A.No.2 of 2022 in MCOP.No.63 of 2020 on the file of the Motor Accident Claims Tribunal-cum-Subordinate Court, Mettupalayam. Listed 'for reporting compliance', the Court noted its earlier direction of 14.11.2024 requiring the revision petitioner to deposit Rs.1,00,000/- to the credit of the MCOP before December 19, 2024. Learned counsel reported compliance through Demand Draft No.483095 dated 16.12.2024, which was taken on record. Holding the compliance sufficient, the Court set aside the conditional docket order, allowed the Civil Revision Petition, closed the connected miscellaneous petition and made no costs order. The Tribunal was further directed to deposit the Demand Draft amount in a Fixed Deposit in a nationalised bank initially for one year, renewable periodically until disposal of MCOP.No.63 of 2020.

C.R.P.No.1917 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

C.R.P. No.1917 of 2023 and C.M.P.No.12155 of 2023

A.Dharmaraj, S/o. Arumugam, 45, Alapalayam, Kanuvakkarai, Annur Taluk, Coimbatore District. ... Petitioner/Petitioner/ Respondent

Versus

S.Sasikumar, S/o. Shanmugam, No.3/71, A.D. Colony, Kanuvakkarai, Annur Taluk, Coimbatore District. ... Respondent/Respondent/ Petitioner

Prayer: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, praying to set aside the conditional docket order dated January 19, 2023 passed in I.A.No.2 of 2022 in MCOP.No.63 of 2020 on the file of the Motor Accident Claims Tribunal – cum – Subordinate Court, Mettupalayam, and allow the Revision Petition.

For Petitioner : Mr. R. Venkatesulu O R D E R

Today, this matter was listed under the caption “for reporting

compliance”.

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C.R.P.No.1917 of 2023

On 14.11. 2024, this Court directed the revision petitioner to deposit a sum of Rs.1,00,000/- to the credit of MCOP.No.63 of 2020 on the file of the Motor Accident Claims Tribunal (Subordinate Court, Mettupalayam, Coimbatore District) on before December 19, 2024.

Learned counsel for the revision petitioner submits that as per the order of this Court, the revision petitioner has complied with the order and deposited the sum of Rs.1,00,000/- by way of Demand Draft dated 16.12.2024 in Demand Draft No.483095. A copy of the Demand Draft was produced before this Court, and the same has been taken on record.

In view of the compliance with the conditional docket order dated January 19, 2023 passed in I.A.No.2 of 2022 in MCOP.No.63 of 2020 on the file of the Motor Accident Claims Tribunal – cum – Subordinate Court, Mettupalayam, the order is set aside. Accordingly, this Civil Revision Petition is allowed. Consequently, connected miscellaneous petition is closed. No costs.

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C.R.P.No.1917 of 2023

Considering the nature of the case, this Court directs the Motor Accident Claims Tribunal – cum – Subordinate Court, Mettupalayam, to deposit the said Demand Draft amount in a Fixed Deposit in any one of Nationalised Banks initially for a period of one year, and renewable periodically until the disposal of MCOP.No.63 of 2020.

09.01.2025

Index : Yes / No Speaking Order : Yes / No Neutral Citation : Yes / No

klt

To

The Motor Accident Claims Tribunal – cum – Subordinate Court, Mettupalayam.

https://www.mhc.tn.gov.in/judis 3/4

C.R.P.No.1917 of 2023

R. SAKTHIVEL, J

klt

C.R.P.No.1917 of 2023

09.01.2025

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