The High Court granted interim stay on the impugned award passed by the District Court. The stay is conditional upon the appellant depositing half of the awarded amount, including interest and costs, within six weeks.
Interim stay granted on award, conditional upon depositing 50% of the awarded amount, interest, and costs within six weeks.
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 OF ANDHRA PRADESH AT HYDERABAD
FRIDAY THE SIXTH DAY OF JANUARY
TWO THOUSAND AND SIX
: PRESENT : THE HON’BLE MR. JUSTICE: G. CHANDRAIAH
M.A.C.M.A.M.P.NO.160 OF 2006
Between:
Ms.United India Insurance Co.,Ltd. rep. by its Regional Manager Basheerbagh X Road, Basheerbagh, Hyderabad
Petitioner/Appellant in M.A.CMA.SR.NO.719 of 2006 on the file of the High Court)
AND
1.Smt.Komni w/o.late Deepavath Laskariya Occ: Household 2.Semitha D/o. late Deepavath Laskariya 3.Kaliya s/o. late Deepavath Laskariya –All are R/o.H.No.10-18, Dundigal Thanda No.2 Quthbullapur (M) R.R.District 4.A.Kusalamani s/o.V.Subrahmanyam Occ:Owner of lorry R/o.Gangamma Koil street-75, Doodipally (V & PO) Chittoor District (R-4 not necessary party in this petition)
Respondents(Respondents in-do)
COUNSEL FOR TH PETITIONER : Smt. S.A.V.Ratnam, Advocate
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to stay all further proceedings of the decree and judgment Dt. 30-06-2005 passed in O.P.No.1134 of 2002 on the file of the IVth Addl.District & Sessions Judge, (Fast Track Court) R.R.District, pending MA.CMA. MP.No.84 of 2006, presented to the High Court under Section 5 of Limitation Act to condone the delay of 51 days in filing the above M.A.CMA.SR.No.719 OF 2006 sought to be preferred therefrom to the High Court.
The Court while directing issue of notice to the Respondent herein to show cause why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).ORDER :
“There shall be interim stay of the impugned award, passed by the Court below, on condition of the petitioner/appellant depositing half of the awarded amount including interest and costs, if any, within a period of six weeks from today duly giving credit to the amount, if any, already deposited.
On such deposit, the respondents/claimants are permitted to withdraw the said amount, so deposited by the appellant, in the same proportion as ordered by the Court below, without furnishing any security.”
ASSISTANT
REGISTRAR
//TRUE COPY//
for ASSISTANT REGISTRAR
To 1.The IVth Addl.District & Sessions Judge, (Fast Track Court) R.R.District, 2. Smt.Komni w/o.late Deepavath Laskariya Occ: Household 3.Semitha D/o. late Deepavath Laskariya 4.Kaliya s/o. late Deepavath Laskariya –All are R/o.H.No.10-18, Dundigal Thanda No.2 Quthbullapur (M) R.R.District (2 to 4 By RPAD) 5.One Spare Copy. 6.1cc to Smt. S.A.V.Ratnam, Advocate (OPUC) smj
HIGH COURT
GC.J
DATED 6-1-2006
ORDER M.A.C.M.A.M.P.NO.160 OF 2006 IN M.A.C.M.A.SR.NO.719 OF 2006
INTERIM STAY
smj Drafted on: 24-1-2006 HIGH COURT
GC.J
DATED 6-1-2006
ORDER
M.A.C.M.A.M.P.NO.160 OF 2006 IN M.A.C.M.A.SR.NO.719 OF 2006
INTERIM STAY
1 issue framed by the court
Whether to grant interim stay on the impugned award pending resolution of condonation of delay.
2 provisions across 2 enactments
United India Insurance Co., Ltd.
Komni w/o late Deepavath Laskariya
Semitha D/o late Deepavath Laskariya
Kaliya s/o late Deepavath Laskariya
A. Kusalamani
G. Chandraiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
