Mohd Sidik vs Vineeta Gupta & Ors.
2022 Latest Caselaw 2433 Del

                          $~33
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       C.R.P. 41/2022
                                  MOHD SIDIK                                           ..... Petitioner
                                                     Through:      Mr. G. S. Sharma and Mr. V. K.
                                                                   Sharma, Advs.
                                                     versus


                                  VINEETA GUPTA & ORS.                                 ..... Respondents
                                                     Through:
                          %                                        Date of Decision: 5th August, 2022
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                         JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

CM APPL. 34551/2022

The present application has been filed for stay of execution proceedings bearing Execution No. 121/2017 titled as "Vineeta Gupta & Anr. Noor Alam & Anr" pending in the Court of learned PO, MACT--02, Central District, Tis Hazari Courts, Delhi.

It is pertinent to mention that the petitioner is the owner of the truck. The award in this case was passed as back as 21st April, 2012. The order under challenge is the order passed by learned MACT on application under Section 114 read with Section 151 CPC for review of judgment/award dated 21st April, 2012

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:10.08.2022 15:18:05 Learned counsel for the petitioner states that he is liable to succeed in his petition and therefore for the time being execution proceedings be stayed.

I am not impressed with the contention of the learned counsel for the petitioner. The son of the respondent, a young boy namely Anuj Gupta lost the life in the accident. The petitioner had ample opportunity to contest the claim petition.

It is also relevant to note that the petitioner had preferred an appeal before this Court which was withdrawn by him in May, 2016.

This Court has to meet the balance between the contention of the petitioner and that of the respondent i.e. Legal Representative of the deceased.

In case, the petitioner succeeds, he may institute appropriate proceedings for recovery of the money. However, as of now, there is no ground for stay of execution proceedings, hence, the present application is dismissed.

DINESH KUMAR SHARMA, J

AUGUST 5, 2022 Pallavi

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:10.08.2022 15:18:05