WPMS/2657/2022
2022 Latest Caselaw 3447 UK

               Office Notes,
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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 WPMS No. 2657 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Syed Nadim, Mr. Prabhakar Joshi and Mr. Bhupendra Prasad, Advocates for the petitioners.

Mr. Yogesh C. Tiwari, Standing Counsel for the State of Uttarakhand.

Registry has pointed out three defects.

Learned counsel for the petitioners undertakes to file Vakalatnama of petitioner no. 2 in the Registry, during the course of the day. The other defects are overruled.

Heard learned counsel for the parties. Petitioners have challenged a recovery certificate dated 13.09.2022 issued by learned M.A.C.T./Ist Additional District Judge, Kashipur, District Udham Singh Nagar on an execution application filed by Oriental Insurance Company Ltd., who was given recoverable rights.

Learned counsel for the petitioners submits that learned M.A.C.T. vide judgment dated 28.05.2021 passed in M.A.C.P. No. 325 of 2015 had awarded ` 9,09,402/- as compensation to the claimants/dependants of deceased Babu Khan and the Insurance Company was directed to pay the amount, however, right to recover the said amount from the petitioners (owner) was given to the Insurance Company. He further submits that in terms of the said judgment, Insurance Company paid the amount of compensation to the claimants and now the Insurance Company has moved an application for recovery of the amount from the petitioners in terms of liberty granted by learned M.A.C.T. He further submits that petitioners have filed A.O. No. 322 of 2022, which is pending before this Court and notices have been issued on the delay condonation application filed by the petitioners in the said Appeal. He further submits that pursuant to the impugned order passed by learned Tribunal, a recovery citation has been issued and immovable property of the petitioners is going to be auctioned. He further submits that since the Courts are going to be closed on account of Deepawali holidays, therefore, protection for a limited time may be given to the petitioners so that they may seek appropriate relief in the pending A.O. No. 322 of 2022.

Since petitioners' Appeal is pending, therefore, in the interest of justice, this Court thinks that petitioners are entitled to limited protection.

In such view of the matter, the writ petition is disposed of by permitting the petitioners to make appropriate application in their pending Appeal.

Till 25.11.2022, no coercive steps shall be taken against the petitioners.

(Manoj Kumar Tiwari, J.) 21.10.2022 Arpan