The Utter Pradesh State Road ... vs Dayawati
2021 Latest Caselaw 18566 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Restoration No. 86/2021

The Utter Pradesh State Road Transport Corporation, Depot Manager, Rishikaish, Depot-Utter Pradesh Presently Known As Uttarakhand Transport Corporation (Utc) Through Regional Manager (Operation) Uttarakhand Transport Corporation (Utc), Dehradun, Uttarakhand

----Petitioner Versus

1. Dayawati W/o Prathvi Raj, 2-Ml, Tehsil And Dis. Sri Ganganagar

2. Prem Prakash S/o Prithvi Raj, 2-Ml, Tehsil And Dis. Sri Ganganagar

3. Vandena D/o Prithvi Raj, 2-Ml, Tehsil And Dis. Sri Ganganagar

4. Madhu D/o Prithvi Raj, 2-Ml, Tehsil And Dis. Sri Ganganagar

5. Alka D/o Prithvi Raj, 2-Ml, Tehsil And Dis. Sri Ganganagar

6. Raj Devi W/o Chunni Lal, 2-Ml, Tehsil And Dis. Sri Ganganagar

7. Rampal S/o Ater Singh, Tilpada, P.s. Boghat, Dis. Merat (Up)

----Respondents

For Applicant(s) : Mr. Dhanesh Kumar Saraswat For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/12/2021

The applicant has filed the present restoration application to

restore his appeal No.63/2005 on its original number. The notices

of the restoration application were issued to the respondents.

(2 of 3) [CRES-86/2021]

Counsel for the applicants submits that respondents are

avoiding the services of notices and simultaneously respondents

are pursuing the execution of the impugned award dated

18.02.2003 before the Court at Dehradhun, therefore, the

applicant may permitted to serve notices to the respondents upon

their advocate namely Mr. Arun Kumar, who is appearing on their

behalf in the execution proceedings before the Court at

Dehradhun. Details of the advocate for respondents, Mr. Arun

Kumar has been given in the application.

Heard the counsel for the applicant on the application

(Inward No.2/21) and for the reasons mentioned therein, the

service of notice of the respondents of this restoration application

is allowed to be served on their advocated Mr. Arun Kumar, who is

appearing for the respondents in the execution proceedings befor

the Court at Dehradhun.

Application is disposed of accordingly.

Issue fresh notice to respondent-claimants.

Notices be filed in two sets. One set in the name of Mr. Arun

Kumar, counsel for the respondents and another set in the name

of respondents in persons. The notices may be given 'dasti' to the

counsel for the applicant to ensure service upon the respondents

in person as also through their advocated Mr. Arun Kumar, who is

appearing in the execution proceedings before the Court at

Dehradhun.

Heard the applicant on the stay application.

Counsel for the applicant submits that vide judgment dated

18.02.2003 passed by Motor Accident Claim Tribunal, Sri

Ganganagar in Claim Case No.02/2000, an award for

compensation to the tune of Rs.11,50,000/- along with interest

(3 of 3) [CRES-86/2021]

was passed. Against this judgment & award, the applicant filed the

appeal, which has dismissed in default due to non-compliance of

the per emptory order.

In the appeal, vide order dated 17.01.2005 applicant was

directed to deposit 50% of the compensation amount, which has

been deposited and has been distributed to the respondent-

claimants.

The applicant is ready to deposit the remaining amount of

compensation before the court where execution is pending, within

a period of three weeks but disbursement of the remaining

amount may be stayed.

Looking to the facts and circumstances, it is hereby ordered

that if the applicant had already deposited the 50% amount of

compensation pursuant to the order dated 17.01.2005 and further

if deposits the remaining decreetal amount of the award dated

18.02.2003, within a period of three weeks before the Executing

Court at Dehradhun, the execution of award is stayed and

disbursement of remaining amount shall not be made without the

permission of this Court. In case of default in deposition of

compensation, as directed above, execution of proceedings shall

remain continue.

(SUDESH BANSAL),J

57-Anshul/-

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