Telangana High Court
CMA/60/2006 of KSR Financiers (Regd. ) Vs E. Pramod Reddy on 27 December 2006
HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY THE SIXTH DAY OF JANUARY TWO THOUSAND AND SIX : PRESENT : THE HON’BLE MR. JUSTICE : G.CHANDRAIAH MA.CMA.MP No. 60 of 2006 Between: The United India Insurance Company Ltd., rep. by its Divisional Manager, D.O.XI, H.No.
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD
FRIDAY THE SIXTH DAY OF JANUARY TWO THOUSAND AND SIX
: PRESENT :THE HON’BLE MR. JUSTICE : G.CHANDRAIAH
Between:
MA.CMA.MP No. 60 of 2006
The United India Insurance Company Ltd., rep. by its Divisional Manager,D.O.XI, H.No. 16-10-27/105, II Floor, Malakpet, Hyderabad.
Petitioner
(Appellant in MACMA No.23/2006
on the file of the High Court)
AND
1. Smt. Shanur W/o Late Ayez Khan @ Sanjay @ Sikinder aged about 37 years Occ Household.years Occ Household.
2. Feroz Khan S/o Late Mohammed Ayez Khan @ Sanjay @ Sikinder aged about 20 years, Student.about 20 years, Student.
3. Afroz Khan S/o Mohammed Ayez Khan @ Sanjay @ Sikinder aged about 17 years student Respondent No. 3 being minor rep. by hisnatural mother cum-guardian, Respondent No. 1 herein Respondents 1 to 3 are residents of H.No. 19-2-60, Phulbagh Jamuna, Hyderabad.about 17 years student Respondent No. 3 being minor rep. by hisnatural mother cum-guardian, Respondent No. 1 herein Respondents 1 to 3 are residents of H.No. 19-2-60, Phulbagh Jamuna, Hyderabad.4. K. Murali S/o K. Surya Rao aged Major Occ: Business r/o H. No. 40-50/1, Flat No. 4, Kasturi Apartments, Brindavan Colony, Vijayawada ( Owner of the Oil Tanker No. AP-7T- 3177)50/1, Flat No. 4, Kasturi Apartments, Brindavan Colony, Vijayawada ( Owner of the Oil Tanker No. AP-7T- 3177)
Respondents
(Respondents in –do-)
COUNSEL FOR PETITIONER : MR. NARESH BYRAPANENICOUNSEL FOR RESPONDENTS :
Petition under Section 151 of CPC praying the High Court to grant stay of operation of the decree and judgment in O.P. No. 1051 of 2003 on the file of the Motor Accident claims Tribunal-cum-XIII Addl. Chief Judge ( FTC), City Civil Court at Hyderabad Dt: 5[th] October 2005. Pending Disposal No.MACMA No, 23 of 2006 on the file of the High Court.
The Court while directing issue of notice to the Respondents herein to showcause 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 of the following:-
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ORDER :
“There shall be interim stay of impugned award, passed by the court below on condition of the petitioner/ appellant depositing half of theawarded amount including interest and costs, if any, within a period ofsix weeks from today duly giving credit to the amount, if any already deposited.
On such deposit, the 1[st] and 2[nd] respondents/ claimants, ( majors) alone are permitted to withdraw their share of amount in thesame proportion as ordered by the court below, so deposited by theappellant, without furnishing any security. In respect of respondent No. 3 ( Minor ) is a concerned, his respective share of amount shall be kept //TRUE COPY//
REGISTRAR
FOR ASSISTANT
To
1. The Motor Accident claims Tribunal-cum-XIII Addl. Chief Judge (FTC), City Civil Court at HyderabadFTC), City Civil Court at Hyderabad
2. Smt. Shanur W/o Late Ayez Khan @ Sanjay @ Sikinder aged about 37 years Occ Household. residents of H.No. 19-2-60, Phulbagh Jamuna, Hyderabad ( on behalf of herself being her son is minor)about 37 years Occ Household. residents of H.No. 19-2-60, Phulbagh Jamuna, Hyderabad ( on behalf of herself being her son is minor)
1. Afroz Khan S/o Mohammed Ayez Khan @ Sanjay @
Sikinder
aged about 17 years student
3. Feroz Khan S/o Late Mohammed Ayez Khan @ Sanjay @ Sikinder aged about 20 years, Student. residents of H.No. 19-2-60, Phulbagh Jamuna, Hyderabadaged about 20 years, Student. residents of H.No. 19-2-60, Phulbagh Jamuna, Hyderabad
4. K. Murali S/o K. Surya Rao aged Major Occ: Business r/o H. No. 40-50/1, Flat No. 4, Kasturi Apartments, Brindavan Colony, Vijayawada ( Owner of the Oil Tanker No. AP-7T- 3177)No. 40-50/1, Flat No. 4, Kasturi Apartments, Brindavan Colony, Vijayawada ( Owner of the Oil Tanker No. AP-7T- 3177)
(RR 2 TO 4 BY RPAD)
5. One C.C. TO MR. NARESH BYRAPANENI ADVOCATE OPUC
6. Spare Copy
AGS
HIGH COURT
GC.J
ORDER :
MACMA MP NO. 60/2006INMACMA NO. 23/2006
INTERIM STAY
AGS Drafted on Dt: 27-01-2006
HIGH COURT
GC.J
DT: 06-01-2006
ORDER :
MACMA MP NO. 60/2006INMACMA NO. 23/2006
INTERIM STAY