HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 25482 of 2011 Petitioner :- Dileep Kumar Agrahari Respondent :- Civil Judge (S.D.) Gorakhpur And Another Petitioner Counsel :- Kamal Kishor Mishra Hon'ble Rajes Kumar,J.
Smt. Sudama Devi filed a Motor Accident Claim Petition before the Tribunal. The Tribunal decided the claim petition and awarded a sum of Rs.3,80,000/- plus interest towards compensation. Against the said order, Life Insurance Corporation filed F.A.F.O. before this Court, which is pending.
Initially, Smt. Sudama Devi was permitted to withdraw a sum of Rs. 2,00,000/- provided to furnish security for a sum of Rs.1,00,000/-. The petitioner had given the security of Rs.1,00,000/-. In the execution proceedings, Smt. Sudama Devi moved an application that a sum of Rs.2,00,000/- has not been paid to her. On such application, a notice was issued to the petitioner. The petitioner filed the reply stating therein that the necessary inquiry be made from the bank as the amount has been paid by cheque that whether the amount has been credited in the account of Smt. Sudama Devi or not. The said application has been allowed but later on, by the impugned order dated 10.2.2011, the said order has been recalled on the ground that the report has already been sought from the bank in this regard.
Learned counsel for the petitioner submitted that in the report, it has not been informed that the cheque has been issued in the name of Smt. Sudama Devi and the amount has been credited in the account of Smt. Sudama Devi. Therefore, inquiry in this regard is necessary.
Issue notice to respondent no. 2 returnable at an early date. The petitioner may take steps to serve the respondent by registered post within a week.
List in the week commencing 23.5.2011.
Order Date :- 3.5.2011 OP