Citation : 2021 Latest Caselaw 1489 AP
Judgement Date : 9 March, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI _ TUESDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY IA No. 2 OF 2021_- IN MACMA NO: 178 OF 2021 - Between: 1. The Managing Director, APSRTC, Bus Bhavan, Musheerabad, Medchal, Hyderabad-1, Presently at Pundit Nehru Bus Station, Vijayawada, Amaravathi, A.P. 2. The Depot Manager, APSRTC, Kavali Depot, Nellore District. ..Petitioner/Appellants -- AND 1. Dommaraju Rakesh, S/o. Subbarayudu, Hindu, Aged about 25 years, employee in Paxterra Solutions Pvt Ltd., #15, 4"" Cross, Industrial Layout, 5" block, Moramangala, Bangalore-560034, As Software Trainee Engineer, R/o. 26-2- 1576, Venkatareddy Nagar, Vedayapalem, Nellore. 2. S. Dandayudhapani (Owner of the lorry), S/o. Saravanan, Hindu, aged about not known, R/o. Bajhanlal Koil Street, Kalpudur, Katpadi, Tamil Nadu. 3. The Branch Manager, New India Assurance Co. Ltd., Commercial Complex, Office line, Vellore, having its branch office At Nellore, Rep. by its Branch Manager, Subedarpet, Nellore. ...Respondent/Respondents _ Counsel for the Petitioner :SRI PP DURGA PRASAD -- Counsel for the Respondents: ---- 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 all further proceedings pursuant to the Order and Decree dated 26-02-2019 passed in M.V.O.P No.40 of 2014 on the file of the Court of the V. Additional Motor Accidents Claims Tribunal Sri Potti Sri Ramulu Nellore District at Nellore including of execution proceedings, pending disposal of MACMA No.178 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 petitioners/appellants, there shall be stay of all further proceedings pursuant to the judgment and decree, dated. 26-02-2019 passed in M.V.O.P.No.40 of 2014 by the Chairman, V Additional Motor Accidents Claims Tribunal, Nellore, subject to the petitioners/appellants depositing 50% of the awarded amount with proportionate costs and interest within eight(8) weeks from today. In default of . deposit, this order stands cancelled automatically without further reference to this Court. On such deposit being made, the respondents/claimants are permitted to withdraw the amount, as per the arrangement made by the Tribunal below,
without furnishing any security." Oe
Sd/-M.RameshBabu ASSISTANT REGISTRAR 3
TRUE COPY// ss SEC NON OFFICER
_ The V Additional Motor Accidents Claims Tribunal, Sri Potti Sri Ramulu Nellore District at
Nellore.
Dommaraju Rakesh, S/o. Subbarayudu, R/o. 26-2-1576, Venkatareddy Nagar, Vedayapalem, Nellore.
S. Dandayudhapani R/o. Bajhanlal Koil Street, Kalpudur, Katpadi, Tamil Nadu. _ The Branch Manager, New India Assurance Co. Ltd., Subedarpet, Nellore.(2 to 4 By RPAD)
One CC to Sri. P Durga Prasad, Advocate [OPUC] a One spare copy.
HIGH COURT
KSR,J
DATED:09/03/2021
ORDER
1A No. 2 OF 2021 IN MACMA.No.178 of 2021
INTERIM DIRECTION
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