Allahabad High Court
Avtar Singh vs Hukum Singh & Others on 3 August, 2011
Bench: Satya Poot Mehrotra, Yogesh Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- FIRST APPEAL FROM ORDER No. - 1149 of 2011
Petitioner :- Avtar Singh
Respondent :- Hukum Singh & Others
Petitioner Counsel :- Ajay Kumar Singh,Ashish Singh
Respondent Counsel :- A.K. Saxena,Amit Singh,Piyush Srivastava,Raj Kamal Srivastava
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Yogesh Chandra Gupta,J.
Order on Appeal
Admit.
Issue notice.
Notice on behalf of the claimants/respondents no. 1 and 2 has been accepted by Sri A.K. Saxena, Advocate, who has filed his vakalatnama on behalf of the said respondents. Notice on behalf of the respondent nos. 3 and 4 has been accepted by Sri Amit Singh, Advocate, who has filed his vakalatnama on behalf of the said respondents. Therefore, no notice need be sent to the respondents.
Order on Stay Application
Issue notice.
Notice on behalf of the claimants/respondents no. 1 and 2 has been accepted by Sri A.K. Saxena, Advocate, who has filed his vakalatnama on behalf of the said respondents. Notice on behalf of the respondent nos. 3 and 4 has been accepted by Sri Amit Singh, Advocate, who has filed his vakalatnama on behalf of the said respondents. Therefore, no notice need be sent to the respondents.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case and having considered the submissions made by Shri Ashish Kumar Singh, learned counsel for the appellant, Sri A.K. Singh, learned counsel for the claimants/respondents no. 1 and 2 and Sri Amit Singh, learned counsel for the respondent no. 3 and 4, it is directed that the operation of the impugned Award dated 29.08.2008 will remain stayed until further orders of the Court, provided within two months from today, the appellant deposits the entire amount awarded under the impugned Award together with interest thereon before the Motor Accidents Claims Tribunal, Etawah.
The amount so deposited by the appellant will be paid/invested as under:
(1) 50% of the amount awarded respectively to each of the claimants/respondents no.1 and 2 under the impugned Award, will be paid respectively to each of such claimants/respondents without furnishing any security.
(2) Balance 50% of the amount awarded respectively to each of the claimants/respondents no. 1 and 2 under the impugned Award, will be invested in maximum interest-bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the respective name of each of such claimants/respondents.
The amounts invested in Fixed Deposits as per the directions given above, will not be permitted to be withdrawn by the claimants/respondents no.1 and 2 without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposits will be permitted to be withdrawn by the concerned claimants/respondents, as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposits, will continue to be reinvested in the respective Fixed Deposits.
The amount of Rs.25,000/- deposited by the appellant while filing the present Appeal, will be remitted to the Tribunal for being adjusted towards the deposit to be made by the appellant, as directed above.
In the event of default on the part of the appellant in making the deposit as directed above, this interim order will stand automatically vacated.
Counter Affidavit and Rejoinder Affidavit if not already exchanged, may be exchanged between the parties by the next date fixed in the matter.
List on 13th October, 2011.
Order Date :- 3.8.2011
NS
