Andhra Pradesh High Court - Amravati
New India Assurance Company Ltd., vs Arunachala Logistics Private Ltd on 15 September, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: M.A.C.M.A.No.1210 of 2019
PROCEEDING SHEET
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ORDER
No DATE
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10. 15.9.2021 DEV, J -ed to I/O
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I.A.No.1 of 2019 before
correction
In compliance of the direction of this AMD
Court, dated 17.3.2021, in I.A.No.1 of 2019, the petitoner/appellant issued personal notice to the respondents and filed a memo of proof of service vide U.S.R.No.25811 of 2021.
Learned counsel for the petitioner submitted that he sent personal notices to respondent Nos.1 to 3 as per the address mentioned in the decree and order of the Tribunal below and the said notices were returned with an endorsement "No such addressee".
In the light of the decision of the Hon'ble Supreme Court of India in M/s. Madan & Co. vs. Wazir Jaivir Chand [AIR 1989 SC 630] and the decision of this High Court in Namala Ramachandra Rao v. Kakileti Bhaskara Rama Murthy and others [2004(2) ALD 558], it has to be presumed that the notice has been served on the respondent.
Having heard the submissions of the learned counsel for the petitioner/appellant and upon perusal of the averments made in the affidavit filed along with this application seeking to condone the delay of 69 days in preferring this appeal, it appears that the petitioner has shown sufficient cause to condone the delay.
Accordingly, I.A.No.1 of 2019 is allowed and the delay of 69 days in preferring the appeal is condoned.
___________ DEV, J M.A.C.M.A.No.1210 of 2019 Admit.
Notice.
___________ DEV, J I.A.No.2 of 2019 There shall be interim stay of all further proceedings including execution of the Order and Decree, dated 23.2.2019, passed in M.V.O.P.No.81 of 2015 on the file of the learned Chairman, Motor Accidents Claims Tribunal - cum - IV Additional District Judge, Tirupati, Chittoor District subject to condition that the petitioner deposits 50% of the awarded amount along with proportionate costs and interest to the credit of the above O.P. within a period of eight (08) weeks from today.
___________ DEV, J AMD Note:-
Furnish C.C. tomorrow.
B/O AMD