In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 2512 of 2008 (O&M)
Date of decision: August 26, 2009
Sarfuddin
.. Petitioner
Vs.
Jabuni and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Subhash Kaushik, Advocate for the petitioner.
None for the respondents.
A.N. Jindal, J
The petitioner has invoked the provisions of Article 227 of the
Constitution of India for staying the execution proceedings in the ex-parte
award dated 28.1.2003 passed by the Motor Accident Claims Tribunal,
Gurgaon.
It has been contended that the MACT Case No.50 of 1999 titled
as Jabuni and others vs. Ashan and others was decided ex-parte, whereas,
MACT case titled as Attri etc. vs. Bilal etc. is still pending in the court of
Motor Accidents Claims Tribunal, Gurgaon. The petitioner Sarfuddin
owner of the vehicle has already moved an application for setting aside the
ex-parte award.
Learned counsel for the petitioner has prayed for stay of the
execution of the award during the pendency of the application for the setting
aside the ex-parte award. Annexure P-5 does not smell if any such
application was filed by the petitioner.
As such, this petition is dismissed with liberty to the petitioner
to move such application before the Tribunal.
August 26, 2009 (A.N. Jindal) deepak Judge