Cholamandalam General Insurance ... vs Bandi Vara Prasad
2021 Latest Caselaw 1315 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

 

  

WEDNESDAY, THE THIRD DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:

THE HONOURABLE SRI JUSTICE K SURESH REDDY

IA No. 2 OF 2021
IN
MACMA NO: 170 OF 2021
Between:
Cholamandalam General Insurance Company Limited, having its branch office at
Kadapa, rep.by its Branch Manager, Near Patel Road, R.S.Road, Kadapa City
and District.
...Petitioner/Petitioner
AND
4. Bandi Vara Prasad, S/o. B.Mohan @ Yesaiah, Age: 25 years, R/o.D.No.10/378,
Joseph Petal, Mydukur Mandal, Kadapa District.
2. J.Bhaskar Reddy, S/o.J.Pedda Subba Reddy, Age: Major, Tractor Owner,
R/o.D.No.1/83-A, Sidda Reddy Pali, Chapadu Mandal, Kadapa District.
3, Y.Thirupathaiah, S/o. Y Pedda Chalamaiah, Age: 42 years, Occ: Tractor Driver,
R/o.Gaddamvaripali, Mydukur Mandal, Kadpaa District.
..Respondents
Counsel for the Petitioner :SRI K SITA RAM
Counsel for the Respondents: ----

Petition under Order 41 Rule 5 R/W Section 151 CPC praying that in the
circumstances stated in the affidavit filed in support of the petition, the High Court may be
pleased to stay all further proceedings including the execution of the award Dt:02-03-2019
in M.V.O.P.No.681 of 2017 on the file: of Motor Accidents Claims Tribunal-cum- Principal
District Judge, Kadapa, pending disposal of MACMA No.170 of 2021, on the file of the High
Court. :
The court while directing issue of notice to the Respondents herein to show cause as
to 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). The Court made the
following
ORDER:

"For the reasons stated in the affidavit filed in support of this application and

taking into consideration of the submissions made by the learned counsel for the petitioner/appellant, there shall be stay of all further proceedings pursuant to the judgment and decree, dated. 03-07-2019 passed in M.V.O.P.N0.681 of 2017 by the Chairman, Motor Accidents Claims Tribunal-cumPrincipal District Judge, Kadapa, subject to the petitioner/appellant depositing 50% of the awarded amount with

proportionate costs and interest within eight (8) weeks from today."

Sd/-M.Suryanadhaé Redd ASSISTANT, RE ISTRAR"

2,

ITRUE COPY! SECTIC f CoceR

The Chairman, Motor Accidents Claims Tribunal-cum- Principal District Judge, Kadapa.

2 Bandi Vara Prasad, S/o. B.Mohan @ Yesaiah, R/o.D.No.10/378, Joseph Petal, Mydukur Mandal, Kadapa District.

3 J.Bhaskar Reddy, S/o.J.Pedda Subba Reddy, R/o.D.No.1/83-A, Sidda Reddy Palli, Chapadu Mandal, Kadapa District.

4. Y.Thirupathaiah, S/o. Y.Pedda Chalamaiah, R/o.Gaddamvaripali, Mydukur Mandal, Kadpaa District.(1 to 3 By RPAD)

5. One CC to Sri. K Sita Ram, Advocate [OPUC]

6. One spare copy.

To,

--

HIGH COURT

KSR,J

DATED:03/03/2021

POST ON 06.04.2021

ORDER

IA No. 2 OF 2021 IN MACMA.No.170 of 2021

INTERIM DIRECTION

fx oN + BMAR MDA oo!

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