Allahabad High Court
Jameel Ahmad vs Shiv Shankar And Another on 11 March, 2019
Bench: Shashi Kant Gupta, Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- FIRST APPEAL FROM ORDER No. - 1849 of 2011
Appellant :- Jameel Ahmad
Respondent :- Shiv Shankar And Another
Counsel for Appellant :- Salil Kumar Rai,Rudra Kant Mishra
Counsel for Respondent :- A.K.S. Bais,Nripendra Mishra
Hon'ble Shashi Kant Gupta,J.
Hon'ble Pradeep Kumar Srivastava,J.
In re: Civil Misc. (Modification) Application No. 371818 of 2011.
Heard learned counsel for the parties and perused the record.
This appeal has been filed against the judgement and award dated 13.1.2011 passed by the Additional District Judge, Budaun/Motor Accident Claims Tribunal, District Budaun in Motor Accident Claim Petition No. 22 of 2010, whereby a compensation of Rs.1,34,785/- with 6% interest from the date of presentation of claim petition to the claimant/opposite party was awarded.
On 25.5.2011, this Court passed the following order:
"Admit.
Issue notice to the respondents who are not represented by the counsel.
Until further orders of the court, the operation of impugned award dated 13.1.2011 passed by MACT/Additional District Judge, Court No. 7 Budaun in MACP No. 22 of 2010 shall remain stayed provided the appellant deposits 2/3 of the amount of its liability awarded by the impugned order within two months from today and deposit security (other than cash or bank guarantee) for the remaining amount. The amount deposited here may be remitted to court below for adjustment.
The claimant-award holder will be entitled to lift the amount without any security."
Again on 07.7.2011, this Court passed the following order:
This appeal was admitted on 25.5.2011. An interim order was also passed.
There is a mistake in the order and the appellant has filed an application to recall the same.
The interim order dated 25.5.2001 is recalled and the following order is being passed:
"Admit.
Issue notices.
Appellant will take fresh steps to serve the unrepresented respondents by registered post.
Until further orders of the Court, the recovery by the Insurance Company against the appellant in pursuance of impugned award dated 13.01.2011, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Budaun in M.A.C.P. No.22 of 2010 shall remain stayed provided the appellant deposits security (other than cash or Bank Guarantee) of the disputed amount before court below within two months.
With the aforesaid observations, the application is allowed."
From perusal of record, it appears that appellant has not deposited security as directed by order dated 07.7.2011 and now he is seeking further time to deposit the same.
Having gone through the record, we do not see any justification to grant further time to deposit the security after lapse of such a long time.
Modification application is, accordingly rejected.
Interim order dated 07.7.2011 stands vacated.
Learned counsel for the appellant will inform about this order to Sri A.K.S. Bais, learned counsel for respondent no. 1.
Let a copy of this order be sent to the court concerned and the respondent no. 1 forthwith for necessary information.
Order Date :- 11.3.2019
RCT/-
