Andhra Pradesh High Court - Amravati
The Depot Manager Apsrtc vs Kota Mohan Simhadri Appala Swamy on 5 March, 2021
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAA4,,
FRIDAY, THE FIFTH DAY OF MARCH, TWO THOUSAND AND TWEN
:PRESENT: \ :
THE HONOURABLE SRI JUSTICE K. SURESH REDDY
IA No. 2 OF 2020
IN
MACMA NO: 68 OF 2020
Between:
1. The Depot Manager APSRTC, Visakhapatnam Rural Depot, Maddila palem Visakhapatnam,
2. Managing Director APSRTC Bus Bhavan, RTC Cross roads, Musheerabad. Hyderabad now
at Vijayawada.
... Appellants / Respondents 2 & 3
AND
1. Kota Mohan Simhadri Appala Swamy, S/o Srirama Murthy, aged about 46 years, working As
Grade-I Mechanic E.No.484282 APSRTC Visakhapatnam Rural Depot, Maddila palem,
Visakhapatnam residing at D.No. 1-33-23 Aadarsh nagar pedda waltair Visakhapatnam
530017.
...Respondent/Petitioner
2. Punnam Raju Chandra Mouli, S/o late Raghavendra Rao, Hindu, aged 38 years, Mechanic,
E.No.755626, APSRTC Rural Depot Maddila palem, residing at mig-174 Sanketika
Engineering College road opposite alwardas park, Ratnagiri colony, PM palem
Visakhapatnam.
..Respondent / Respondent
Counsel for the Petitioner : N. SRIHARI (SC FOR APSRTC )
Counsel for the Respondent : P. GOVINDA RAJULU
Petition under 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 grant stay of execution of decree in
pursuant to MVOP No. 958 / 2015 dt. 04.09.2019 on the file of Chairman MACT --Cum- Special
Judge for Trail Cases under SC and ST (POA) Act --Cum-XI Additional District Judge,
Visakhapatnam, Visakhapatnam District, pending disposal of MACMA No. 68 of 2020, on the
file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri N. Srihari (SC for APSRTC) Advocate for
the Appellants and Sri P,. GOVINDA RAJULU, Advocate for the Respondents, 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).
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
petitioners/appellants, there shall be stay of all further proceedings pursuant to the
judgment and decree, dated. 04-09-2019 passed in M.V.O.P.No.958 of 2015 by the
Chairman, Motor Accidents Claims Tribunal -cum- Spl. Judge for trial of cases under SC
& ST (POA) Act-cum-XI Additional District Judge, Visakhapatnam, subject to the
petitioners/appellants depositing 50% of the awarded amount with proportionate costs and
interest within eight (8) weeks from today." a
Sd/-T.Madhavi
ASSISTANT REGIST®AR
TRUE COPY//
For SECTION 'FICER
To,
1. The Chairman MACT --Cum- Special Judge for Trail Cases under SC and ST (POA) Act
_Cum-XI Additional District Judge, Visakhapatnam, Visakhapatnam District, A.P.
2. Sri Kota Mohan Simhadri Appala Swamy, S/o Srirama Murthy, Grade-I Mechanic
E.No.484282 APSRTC Visakhapatnam Rural Depot, Maddila palem, Visakhapatnam
residing at D.No.1-33-23 Aadarsh nagar pedda waltair Visakhapatnam 530017. (By RPAD)
3. Sri Punnam Raju Chandra Mouli, S/o late Raghavendra Rao, Mechanic, E.No.755626,
APSRTC Rural Depot Maddila palem, residing at mig-174 Sanketika Engineering College
road opposite alwardas park, Ratnagiri colony, PM palem Visakhapatnam.( By RPAD)
One CC to SRI. N SRIHARI (SC FOR APSRTC ) Advocate [OPUC]
One CC to SRI. P GOVINDA RAJULU Advocate [OPUC]
One spare copy
Owe
MSR
HIGH COURT
KSRJ
DATED:05/03/2021
ORDER
IA NO. 2 OF 2020
IN
MACMA.NO.68 OF 2020
STAY
