Neeraj Chaturvedi vs Sarjoo Prasad And Others
2013 Latest Caselaw 1412 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 717 of 2012
 
Petitioner :- Neeraj Chaturvedi
 
Respondent :- Sarjoo Prasad And Others
 
Petitioner Counsel :- N.K. Chaturvedi
 
Respondent Counsel :- Amit Manohar,Saurabh Srivastava
 

 
Hon'ble Rajes Kumar,J.

Civil Misc. Delay Condonation Application.

Respondent no. 3 is the main contesting party. Respondent no. 3 is represented by Sri Amit Manohar, Advocate. Respondent no. 5 is represented by Sri Saurabh Srivastava, Advocate. Notices have been sent to respondent nos. 1, 2 and 4 by registered post. It has not been returned back.

Cause shown is sufficient. The delay in filing the appeal is condoned. The application is allowed.

Order Date :- 26.4.2013

OP

'

Hon'ble Rajes Kumar,J.

Learned counsel for the appellant states that the permit of the vehicle was there but on account of mistake of the counsel, the same could not be filed before the Tribunal. However, copy of the permit has been filed before the Tribunal along with review application which has not been entertained and the review application has been rejected. The copy of the permit is Annexure-1, which is at page 19.

The matter requires consideration.

Admit.

Until further orders of this Court, the execution of judgment and award dated 25.7.2011 passed by the Motor Accident Claims Tribunal / Additional District Judge, Court No. 5, Kanpur Nagar in Motor Accident Claim Petition No. 305 of 2009 (Sarjoo Prasad and others Vs. Neeraj Chaturvedi and others) shall remain stayed provided the appellant deposits 50% of the amount of compensation within six weeks. The claimants shall be entitled to withdraw the entire amount. Any amount already deposited shall be given adjustment.

Order Date :- 26.4.2013

OP