Iqbal Singh vs Subhash Chand
2015 Latest Caselaw 703 Del

$-45
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Decided on: 27th January, 2015
+        C.R.P. 47/2014

         IQBAL SINGH                                       ..... Petitioner
                              Through:   Nemo.

                     versus

         SUBHASH CHAND                              ..... Respondent
                     Through:            Mr. Rakesh Bhugra, Adv. with
                                         Mr. Rakesh Sharma, Adv.

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                               JUDGMENT

G. P. MITTAL, J. (ORAL)

1. None appears on behalf of the Petitioner.

2. The Petitioner has challenged the order dated 06.01.2014 passed by

the Motor Accident Claims Tribunal (the Claims Tribunal)

whereby while allowing the application under Order IX Rule 13 of

the Code of Civil Procedure, 1908, the Petitioner (Iqbal Singh) was

directed to deposit 50% of the award amount within 45 days.

3. The plea set up by the Petitioner is that the Petitioner had

mentioned his correct address to the police which was also

mentioned in the report under Section 173 of the Code of Criminal

Procedure, 1973 wherein he was prosecuted under Section 279/337

IPC. Although, this plea was accepted but the Claims Tribunal

proceeded to pass an order of deposit of 50% of the principal

amount as a condition precedent for setting aside the order passing

the ex-parte award.

4. Once the Claims Tribunal was satisfied that the petitioner was not

served, this condition ought not to have been put by the Claims

Tribunal. The impugned order dated 06.01.2014 with regard to

deposit of 50% of the award amount is hence, set aside. The

Claims Tribunal shall proceed to decide the Claim Petition

expeditiously and in any case endeavour to decide the same within

a period of three months from the date of appearance of the parties

before the Claims Tribunal.

5. Petition is disposed of in above terms.

6. Pending applications also stand disposed of.

7. Both the parties are directed to appear before the Claims Tribunal

on 18.02.02015.

8. Copy of the order be given Dasti to the counsel for the parties.

(G.P. MITTAL) JUDGE JANUARY 27, 2015 vk