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Cholamandalam Ms General ... vs Vinukonda Venkataramana
2022 Latest Caselaw 8702 AP

Citation : 2022 Latest Caselaw 8702 AP
Judgement Date : 14 November, 2022

Andhra Pradesh High Court - Amravati
Cholamandalam Ms General ... vs Vinukonda Venkataramana on 14 November, 2022
                                                                              111

                        HIGH COURT OF ANDHRA PRADESH

   MAIN CASE NO: M.A.C.M.A .No.470 of 2022

                                PROCEEDING SHEET

Sl.No      Date                              ORDER                          OFFICE
                                                                             NOTE
                     BSB. J
 1.                                      I.A.No.1 of 2022
        14.11.2022
                           This petition is filed to dispense with
                     filing of certified copy of common judgment in
                     MVOP.No.24 of 2019 on the file of Motor
                     Accident Claims Tribunal-cum-III Additional
                     District Judge, Nellore dated 18-01-2022, on
                     the ground that the original certified copy of
                     common judgment is filed in MACMA No.427
                     of 2022 on the file of this court.
                              In view thereof, the petition is allowed
                     subject to the condition that the petitioner
                     shall file duly certified copy of the same
                     within two months from the date of this
                     order,    failing    which the    petition   stands
                     dismissed.


                                                  _____________________
                                                  B.S.BHANUMATHI.J

                                         I.A.No.2 of 2022
                           This petition is filed to condone the
                                                                           Contd.,
                     delay of 156 days in filing the appeal on the
                        2
                                              MAMCA No.470 of 2022

ground that there is administrative delay.
      Learned          counsel        for         the
petitioner/appellant is permitted to take out
personal service of notice to respondents

through RPAD and file proof thereof.

Post after eight weeks.

_____________________ B.S.BHANUMATHI.J

I.A.No.3 of 2022 This petition is filed to grant stay of all further proceedings pursuant to the decree and judgment dated 18-01-2022 passed in MVOP.No.24 of 2019 on the file of Motor Accident Claims Tribunal-cum-III Additional District Judge, Nellore pending disposal of the main MACMA.

The appellant is challenging the award on the ground of liability of the appellant, on the ground that the deceased was an unauthorized passenger in the goods vehicle and other grounds.

Since the disposal of the appeal would take time and in the light of the grounds raised in the appeal, since there is prima facie case, it is a fit matter to grant interim stay, however subject to certain conditions. Contd.,

MAMCA No.470 of 2022

As such, the interim stay as prayed for is granted on the condition that the petitioner/appellant shall deposit 50% of the amount awarded together with proportionate interest and costs within eight (8) weeks from the date of this order. If the petitioner fails to comply the condition, interim order stands vacated.

_____________________ B.S.BHANUMATHI.J SAB

 
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