Citation : 2021 Latest Caselaw 1492 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. 1 OF 2021 IN MACMA NO: 172 OF 2021 Z Between: he Reliance General Insurance Co Ltd, Rep by its Manager, Door No. 40-1 21/8 waa Floor, Surya towers, near Hotel Kanthari, MG Road, Vijayawada - 520010 Vijayawada DMC. ...Petitioner/ Appellant AND 1. Konakanchi Venkata Ramaiah, S/o Seethaiah, Aged about 46 years, Cultivation, Native of Adigoppula Village, Durgi Mandal, Now residing at Reddipalem Village, Guntur Mandal, Guntur District. ..Respondent/ Claimant 2. Koka Venkateswarlu, S/o. Pitchaiah, 2-14A, Modugula Village, Gurazala Mandal, Guntur District. 3. V.Subba Rao T, S/o. Papaiah, Lingapalem Village and Mandal, West Godavari District - 534 487. ...Respondents/ Respondents Counsel for the Petitioner :SRI P RAMANJANEYULU Counsel for the Respondents : --- Petition under Order XLI Rule-5 & 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 decree and Judgment dated the 3 day of January, 2020 passed in M.V.O.P.No.429 of 2017 on the file of the Motor Accidents Claims Tribunal-cum Ill Addl. District Judge, Guntur, including execution proceedings, pending disposal of MACMA No.172 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. 03-01-2020 passed in M.V.O.P.No.429 of 2017 by the Chairman, Motor Accidents Claims Tribunal-cum-ill Additional District Judge, Guntur, subject to the petitioner/appellant 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." -
Sd/-B.NarsingaRao ASSISTANT, REGISTRAR
T OPY// nC TRUE © For SECTION OFFICER
To,
=
The Motor Accidents Claims Tribunal-cum III Addi. District Judge, Guntur.
2. Konakanchi Venkata Ramaiah, S/o Seethaiah, Aged about 46 years, Cultivation, Native of Adigoppula Village, Durgi Mandal, Now residing at Reddipalem Village, Guntur Mandal, Guntur District.
3 Koka Venkateswarlu, S/o. Pitchaiah, 2-14A, Modugula Village, Gurazala Mandal, Guntur District.
4. V.Subba Rao T, S/o. Papaiah, Lingapalem Village and Mandal, West Godavari District - 534 487.(2 to 4 By RPAD)
5. One CC to Sri. P Ramanjaneyulu, Advocate [OPUC]
6. One spare copy.
cd
'HIGH COURT
""KSRJ
DATED:09/03/2021
ORDER
IA No. 1 OF 2021 IN MACMA.No.172 of 2021
INTERIM DIRECTION
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