Opp. Party No.2/ vs (1) Md. Afroz Khan Son Of Md. Kokail Khan
2024 Latest Caselaw 9220 Jhar

Jharkhand High Court

Opp. Party No.2/ vs (1) Md. Afroz Khan Son Of Md. Kokail Khan on 12 September, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              M.A. No. 274 of 2024
           Branch Manager, Liberty General Insurance Co. Ltd., 602, 6th Floor, Eastern Mall
           Dangra Toli, P.S. Lalpur, P.O. & District-Ranchi represented through its authorised
           signatory Shreays Thakur, Manager Legal of Liberty General Insurance Co. Ltd
           having its office at Unit No. 306 to 310, 3rd Floor, Naurang House, Plot No. 21,
           K.G. Marg, P.O. & P.S. Connaught Place, New Delhi-110001.
                                                 ...   ...   ... Opp. Party No.2/Appellant.
                                                 Versus
           (1) Md. Afroz Khan son of Md. Kokail Khan
           (2) Sabina Khatoon wife of Md. Afroz Khan
               Both residents of Kali Asthan Road, Gudri, P.S. Lower Bazar P.O. & District-
               Ranchi.
               At present residing at Village Kute, P.S. & P.O. Sikidiri, District- Ranchi.
                                                       (Claimant Nos. 1 & 2 Respectively)
           (3) Sanjay Kumar Gope son of Jaldhar Gope, Resident of 134, Dhoutha, Toli, P.O.
               Bargari, P.S. Mandar, District- Ranchi 835205, (Opp. Party No. 1)
                                                             ...   ...        Respondents
                                         ---------

           CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR
                                          ---------
           For the Appellant:          Mr. Alok Lal, Advocate

                                      ---------
           03/Dated: 12.09.2024

1. This Interlocutory Application has been filed for stay of the proceeding in Misc. M.A.C.T. Case No. 51 of 2024, pending in the Court of Motor Vehicles Accident Claims Tribunal, Ranchi for realization of the awarded amount against the Judgment/Award dated 03.04.2024 passed by the Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 303 of 2021.

2. Considering the reasons assigned in the present Interlocutory Application, further proceeding in Misc. M.A.C.T. Case No. 51 of 2024, pending in the Court of Motor Vehicle Accident Claims Tribunal, Ranchi, is hereby, stayed, subject to deposit of the entire awarded amount before the learned court below/Tribunal and the said amount shall not be disbursed without permission of this Court.

3. Accordingly, this Interlocutory Application stands allowed.

4. Issue notice upon the respondents, under ordinary process, for which requisites etc. must be filed within two weeks.

(Rajesh Kumar, J.)

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