Punjab-Haryana High Court
Iliyas Alias Haji Ilyas Khan vs Sohil Alias Sohin And Another on 6 May, 2024
Neutral Citation No:=2024:PHHC:062191
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CR-2679-2024 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
141 CR-2679-2024 (O&M)
Date of decision: 06.05.2024
Iliyas @ Haji Ilyas Khan ...Petitioner.
Versus
Sahil @ Sohin minor through his father ....Respondents.
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CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR
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Present: Mr. Nafees Ahmad Khan, Advocate
for the petitioner.
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Sukhvinder Kaur, J.
By way of present revision petition, the petitioner has
challenged order dated 12.04.2024 (Annexure P3), passed by learned
Presiding Officer, MACT, Nuh, vide which application filed by respondent
No.1 for taking up the Execution Petition No.155-2017 decided on
18.07.2017 and issuing direction to the Collector, Nuh and Tehsildar
Ferozepur Jhirka to recover the amount of compensation granted to him in
MACP-348-2015 was allowed.
2. The brief facts relevant for adjudication of the present revision
petition are that respondent No.1 had filed a claim petition under Section
166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of
Rs.30,00,000/- alongwith interest @ 18% per annum, from the date of filing
the petition, till the realization of awarded amount, on account of injuries
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sustained by minor respondent No.1. The aforesaid claim petition was
allowed by the Tribunal, Mewat, vide award dated 11.11.2016 and awarded
Rs.14,57,744/- as compensation. Against the said award, the petitioner filed
FAO-1095 of 2017 before this Court, which was dismissed vide order dated
07.09.2017. Thereafter, respondent No.1 filed Execution Petition vide EXE-
155/2017 dated 07.03.2017 before the Executing Court, Mewat, in which
notice was issued to the petitioner for 28.03.2017, upon which, the
petitioner and his son appeared through counsel and sought time to file
objections and the matter was adjourned to 25.04.2017. On 25.04.2017, the
petitioner and his son or their counsel did not appear before the Court, so
they were proceeded against exparte and the matter was adjourned for
23.05.2017 for filing the list of the properties of the petitioner. On
18.07.2017, the execution petition was dismissed as withdrawn by the
Executing Court when certificate of recovery under Section 174 of M.V.
Act, 1988 was ordered to be issued to Collector, Mewat for effecting the
recovery of awarded amount i.e. Rs.14,57,744/- with interest @ 7.5% per
annum from the date of filing of the petition i.e. 23.11.2015 till depositing
of the amount. Thereafter on 24.03.2023, respondent No.1 filed an
application for taking up the execution petition No.155-2017, decided on
18.07.2017 for issuing the direction to the Collector Nuh, Tehsildar
Ferozepur Jhirka to recover the amount of compensation granted to him in
MACP-348-2015. On 05.03.2024, the petitioner through his counsel
appeared before the Tribunal and filed an application for setting aside
exparte order dated 25.04.2017 in the main execution petition, which was
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disposed of on 18.07.2017. It was ordered that the petitioner may join the
proceedings of the application. On 02.04.2024, Jitender Patwari, filed
report and stated that the petitioner came to Tehsil Complex on 26.03.2024
and presented cheque No.287193 of Rs.8,00,000/- drawn on State Bank of
India, Ferozepur Jhirka, issued from the account of Zaffar Trading Company
and the name of payee was left blank. On the same day, the petitioner filed
objection petition. MACT, Nuh vide order dated 12.04.2024 allowed the
application of the respondent and directed the Tehsildar to recover the
amount of compensation of Rs.14,57,744/- alongwith interest @ 7.5 % per
annum from the date of filing of claim petition i.e. 23.11.2015 till date of
award i.e. 11.11.2016 and @ 9% per annum, with yearly rests, from the date
of award i.e. 11.11.2016 till realization from the petitioner by selling the
land of the petitioner, which had already been attached. Hence, the
petitioner has knocked the doors of this Court by way of filing the present
revision petition.
3. Learned counsel for the revision petitioner has contended that
the claimant was required to supply his bank account number within 30 days
to the petitioner or his counsel and the JDs were directed to deposit the
amount of compensation in the account of claimant within two months from
the date of receipt of the account number. The payment could not be
deposited as no account number was supplied to the petitioner by the
claimant/ respondent No.1 in compliance of award dated 11.11.2016. He has
further contended that while passing the impugned order, the Tribunal has
wrongly ignored the important fact that the bank account of respondent
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No.1 (being minor) was opened on 01.02.2017 in the above mentioned bank
having bank account No.78091500001670, Mode of Operation: Guardian,
whereas award was passed on 11.11.2016. He has contended that as such the
alleged account was got opened much after the date of passing of the award.
He has argued that the petitioner has never refused to pay the compensation
amount to the respondent and is still ready to pay the compensation amount
but the order granting future interest as awarded in the impugned order is
wrong and is liable to be set aside.
4. I have heard learned counsel for the petitioner and has gone
through the relevant record.
5. It is an admitted fact that the DH award holder was granted
compensation of Rs.14,57,744/- in MACP-348-2015 which had been
decided on 11.11.2016 and it was held that the claimant was entitled to
interest @ 7.5 % per annum from the date of filing of claim petition till
realization. The petitioner was directed to supply his bank account number
to the respondents or their counsel within a period of 30 days and the
respondents were directed to deposit the amount of compensation in the
account of the petitioner and to send the intimation to the petitioner. It was
further held that if the petitioner failed to supply his bank account number
or their counsel within 30 days, the petitioner would not be entitled to future
interest i.e. from the expiry of the period of 30 days from the date of award
till supplying of the bank account number. It was also held that the
respondent would deposit the amount of compensation in the account of the
petitioner/ claimant within two months from the date of receipt of bank
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account number of the petitioner, failing which he would be liable to pay
interest on the amount of compensation @ 9% per annum with yearly rests
from the date of award till realization.
6. It has been specifically mentioned in the impugned order by the
Executing Court that the claimant filed the execution petition on
07.03.2017, alleging that the respondents had not deposited the amount of
compensation in the account of the petitioner in compliance of award dated
11.11.2016. Notice of the said execution petition was issued to the
respondents for 28.03.2017. Then the counsel appeared on behalf of both
the JDs and filed his Power of Attorney. It has also been specifically
mentioned that the claimant had also filed the copies of bank passbook,
legal notice sent to Shri Tahir Hussain Ruparya, Advocate and postal
receipts alongwith the execution petition. As per the postal receipts, legal
notice was sent on 07.02.2017 to both the respondents as well as their
counsel and it was clearly mentioned in the legal notice that photocopy of
bank passbook of Sarva Haryana Gramin Bank, Salamba, in the name of the
petitioner had been attached with the notice. It has also been specified in the
impugned order that as per report made by the process server on the notices,
the judgment debtor No.2 personally received the summons on his behalf as
well as on behalf of his son/ judgment debtor No.1. It has been rightly held
by the Executing Court that if the bank account had not been supplied to the
JDs, then their counsel could have disclosed this fact before the Tribunal on
28.03.2017, but no such plea was taken by the counsel for the JDs before
the Tribunal on 28.03.2017 that JDs could not deposit the amount of
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compensation because the bank account number of the claimant was not
supplied to them. The counsel for JDs requested for an adjournment for
filing the objections and therefore, the case was adjourned to 25.04.2017 for
filing objections. No one appeared on behalf of the JDs on 25.04.2017 and
they were proceeded against exparte.
7. The objections filed by JDs have been dismissed by the Court
concerned with the observations, that in the facts and circumstances of the
case, it may be presumed that the bank account number was duly intimated
to the JDs and their counsel by the claimant, but the JDs did not deposit the
amount of compensation in the account of the claimant in compliance of
award dated 11.11.2016.
8. The Executing Court has also rightly held that the petitioner is
entitled to recover the amount of compensation i.e. Rs.14,57,744/-
alongwith interest @ 7.5 % per annum from the date of filing of claim
petition i.e. 23.11.2015, till date of award i.e. 11.11.2016 and @ 9% per
annum, with yearly rests, from the date of award i.e. 11.11.2016 till
realization.
9. The cheque of Rs.8,00,000/- which was presented in the Office
of Tehsildar, Ferozepur Jhirka, on account of Zaffar Trading Company,
could not be used for making payment of compensation as name of the
payee was left blank. Thus, Teshildar, Ferozepur Jhirka has been rightly
directed to recover the amount of compensation i.e. Rs.14,57,744/-
alongwith interest @ 7.5 % per annum from the date of filing of claim
petition i.e. 23.11.2015, till date of award i.e. 11.11.2016 and @ 9% per
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annum, with yearly rests, from the date of award i.e. 11.11.2016 till
realization from the revision petitioner by selling his land, which had
already been attached and to recover the amount of compensation as arrear
of land revenue and then to deposit the amount before the Tribunal.
10. There is no illegality or infirmity in the impugned order and no
interference therewith is called for while exercising the revisional
jurisdiction. The present revision petition being bereft of any merits stands
dismissed.
11. All pending applications, if any, also stand disposed of
accordingly.
(SUKHVINDER KAUR)
JUDGE
06.05.2024.
komal
Whether speaking/ reasoned : Yes/ No
Whether Reportable : Yes/ No
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