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2025 Supreme(Online)(AP) 9034
HIGH COURT OF ANDHRA PRADESH
B Krishna Mohan, A. Hari Haranadha Sarma, JJ
National Insurance Co.Ltd. – Appellant
Versus
Shaik Khadar Basha – Respondent
Motor Accident Civil Miscellaneous Appeal No: 326 of 2022
For the Appellants/Petitioners: Kiran Kumar Baligamsetti
For the Respondents: Chenchu Ramaiah
The court stated the importance of compliance with procedural requirements in appeals and interim orders for proper adjudication.
Headnote:(A) Motor Vehicle Act - Order 173 - Notifications regarding interim orders and temporary releases of amounts pending further proceedings are discussed. Any agreed interim orders are recorded based on compliance by respective parties. (Para 4)
(B) Procedure for appeal - Conditions for stay orders are deliberated, especially concerning the requirements for serving notice and proof of service. (Para 5)
Facts of the case:
The appeal arises against the order of Motor Accident Claims Tribunal; the appellant seeks to stay execution of the decree pending further proceedings. A prior interim order had allowed the claimant to withdraw the deposited amount without security.
Findings of Court:
The court determined that current interim conditions are to remain until further orders from the court, ensuring compliance with procedural necessities.
Issues: The main issues addressed include the appeal against the decree passed by the Motor Accident Claims Tribunal and the conditions surrounding withdrawal of amounts during pendency of proceedings.
Ratio Decidendi: The court emphasized the necessity for procedural compliance in appellate proceedings and the conditional permits for interim releases balanced against ongoing proceedings.
Result: The interim order of stay of all further proceedings in MVOP shall continue.
| Table of Content |
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| 1. compliance with procedural requirements in appeals. (Para 4 , 5) |
Respondents/Respondent No.1 Appeal filed under Order 173 of Motor Vehicle Act -ls filed, being EE]
aggrieved by the decree and judgment passed in M.V.O.P No.184 of 2016, dated ll-04-2022, on the file of Motor Accident Claims Tribunal-Gum-I Addtional District Judge at Ongo!e.
lANO: 2OF2022 Petition under Section €I51 CPC is filed 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 the execution of the Decree and Judgment dated ll-04-2022 on the file of Motor Accident Claims Tribunal -
Gum-I Addtional DistrictJudge at Ongole passed in M.V.O.P No.184 of2016, f, Pending disposal of MAGMA 326 of 2022, on the file of the High Court.
The petition coming on for.hearing, upon perusing the petition and the memorandum filed in support thereof and upon hearing the arguments of Sri KIRAN KUMAR BALIGAMS.ETTI Advocate for the petitioner, sri lil \.-
CHENCHU RAMAIAH, Advocate for the Respondents and the court made the following.
ORDER:
ffSri Chenchu Ramaiah, learned counsel appears for the lst respondent.
The learned counsel for: the appellant is permitted to take out personal notice afresh to the 66`rrect address of the 2nd respondent and proof of service sha[[ be fi[edtwiithin a period of three (3) weeks from today- .¢,i y Both the learnecl counsels submit that the interim order datec!
06.05.2024 has already been complied withI [n view of the same, the lst respondent/claimant is permitted 1:o withdraw the cleposited amount without furnishing any security, pending further orders.
The [nterjm order of stay 6f all further proceedings in MVOP shall continue, as per the orders 6f this court dated o6.05.2024, pending further orders.
List on 28.07I2025." sD/-K.J.RAJA BABU ASSISTANZ#jG ISTRAR //TRk!E COPY// SECTION OFFICER For EEEiiiiiEiiiEEEEi F. rI To, 1. The Motor Acc'ldent Claims Tribunal-Gum-I Addtional District Judge at Ongole.
2. Shaik Khadar Basha, S/o. Late Abdul Khayum, R/o. H.No. 37-1-148, lslampeta, ward No. 9, Ong`ole Town, Prakasam District.
3. Shaik Md Raft, S/o. Khadar`^'Basha, R/o. H.No. 37-1-160-15/2, Ward No.
9, Ongo[e Town, Prakasam District. (2 & 3 by RPAD)
4. One CC to SRI. KIRAN KUMAR BALIGAMSETTI Advoc?te [OPUC]
5. One CC to SRl. Chenchu R;maiah Advocate [OPUC]
6. Onesparecopy i _
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HIGH COURT BKM,J &
