The Managing Director, Vs Mariyayee — Madras HC (2026) — LawSathi Research

The Managing Director, Vs Mariyayee — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings in MCOP No.563 of 2008 granted subject to the appellant depositing the entire award amount with accrued interests and costs within eight weeks, failing which the stay stands vacated automatically; notice to respondents returnable in eight weeks; matter to be called after eight weeks. The appeal itself remains pending.

Issue for consideration

Whether an interim stay of further proceedings in MCOP No.563 of 2008 should be granted pending disposal of CMA(MD) No.219 of 2018, and on what conditions. +1 more

Court's answer

Interim stay of further proceedings in MCOP No.563 of 2008 granted, conditional on the appellant depositing the entire award amount with accrued interests and costs to the credit of the MCOP within eight weeks of receipt of a copy of the order.

Ratio / Principle

On failure to make the deposit within eight weeks, the interim stay shall stand vacated automatically without further reference to the Court.

Key takeaways

Notice directed to the respondents, returnable in eight weeks, with private notice also permitted.ratio¶17

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), interim order dated 17.04.2018 (J. Nisha Banu, J.) in CMA(MD) No.219 of 2018 — appeal by the Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Division II, against the judgment and decree dated 28.04.2012 of the Motor Accident Claims Tribunal (III Additional District Court, FTC No.2, Tiruchirappalli) in MCOP No.563 of 2008 in favour of claimants Mariyayee and minor Pugalandhi. Notice to respondents returnable in eight weeks, private notice permitted. Interim stay of further proceedings in the MCOP granted on condition that the appellant deposits the entire award amount with accrued interests and costs to the credit of the MCOP within eight weeks, failing which the stay stands vacated automatically without further reference to the Court. Matter to be called after eight weeks.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

Tuesday, the Seventeenth day of April Two Thousand and Eighteen

PRESENT

The Hon`ble Mrs.Justice J.NISHA BANU

CMA(MD) No.219 of 2018 and CMP(MD)No.3350 of 2018

THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION KUMBAKONAM DIVISION II, PERIYAMILAGUPARAI, TRICHY-1.

... APPELLANT / PETITIONER

1 MARIYAYEE ... RESPONDENT No.1 / PETITIONER No.1

2 MINOR PUGALENDHI (Minor is represented through his Mother and natural guardian Mariyayee, the 1^st Respondent Herein)

... RESPONDENT No.2 / PETITIONER No.2

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Pleased to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, III Additional District Court, FTC No.2, Tiruchirappalli, in MCOP No.563 of 2008 dated 28.04.2012 and pass such further or other orders as this Honbel Court may deem fit and thus render justice.

Prayer in CMP(MD). 3350/ 2018 :

Pleased to stay all further proceedings in MCOP.No.563 of 2008 dated 28.04.2012 on the file of the Motor Accident Claims Tribunal, III Additional District Court, FTC No.2, Tiruchirappalli, pending disposal of the above CMA and thus render justice.

https://hcservices.ecourts.gov.in/hcservices/ ORDER: This petition coming on for orders upon perusing the petition

and the affidavit filed in support thereof and upon hearing the

arguments of M/S.D.SIVARAMAN, Advocate for the petitioner the court made the following order:-

Notice to the respondents returnable in eight weeks. Private notice is also permitted.

2.There shall be an order of interim stay on condition that the appellant deposits the entire award amount with accrued interests and costs to the credit of M.C.O.P.No.563 of 2008 on the file of the III Additional District Judge, FTC No.2, (Motor Accident Claims Tribunal) Tiruchirappalli, within a period of eight weeks from the date of receipt of a copy of this order, failing which, interim stay granted shall stand vacated automatically without further reference to this Court.

3.Call after eight weeks.

sd/17/04/2018

/ TRUE COPY /

Madurai Bench of Madras High Court,

To

THE III ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, FTC No.2, TIRUCHIRAPPALLI.

+1. C.C. to M/S.D.SIVARAMAN Advocate SR.No.6339.

CMP(MD)No.3350 of 2018

SDS/CM:VR/RNB/20.04.2018/2P/3C

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