AO/27/2021
2021 Latest Caselaw 774 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions              COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      09.03.2021                     AO No. 27 of 2021

                                     Hon'ble R.C. Khulbe, J.

Mr. Rakesh Thapliyal, learned Senior Advocate assisted by Mr. Xitiz Kaushik, learned counsel for the appellant.

Mr. Hari Mohan Bhatia, learned counsel for the respondent.

This appeal from order has been preferred against the judgment and award dated 03.07.2019 passed by the Motor Accident Claim Tribunal/1st Additional District Judge, Dehradun in MAC Case No. 165 of 2017.

The appeal is time barred. Accordingly, delay condonation application is moved, which is supported by an affidavit.

Sufficient ground has been shown. Although, objection has been filed by the learned counsel for the respondent but he fairly submitted to this Court that he has no objection if the application for delay is allowed.

Accordingly, delay condonation application is allowed. Delay is condoned.

Admit the appeal.

List this matter along with AO No. 432 of 2019.

In the meantime, respondent has a right to move an application before the concerned MACT for release of an amount of Rs. 22 lakh. In case, if such an application is moved on behalf of the respondent, the concerned MACT shall consider the same and release the amount in the favour of the respondent Sunil Sareen. However, the amount so withdrawn shall be subject to the decision of this appeal.

(R.C. Khulbe, J.) 09.03.2021 Parul