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W.P.16731 of 2010
03.12.2010.
Shri Sanjay Verma, Counsel for the petitioner.
This petition is directed against the order dated
6.10.2010 by the II Motor Accident Claim Tribunal, Betul in
Execution Case No.15/95.
Learned counsel for the petitioner submitted that the
account submitted by the respondents was not correct while
the account submitted by the petitioner was correct.
From the perusal of the accounts submitted by the
petitioner we find that the accounts submitted by the
petitioner was also not correct and petition had also not
calculated the amount in accordance with the directions
issued by this Court in M.A.656 of 99.
On raising certain quarries, learned counsel for the
petitioner submitted that the petitioner be permitted to
submit a fresh calculation before the M.A.C.T. Betul by filing
an application. In the said calculation, petitioner shall reflect
calculation as per the order passed by this Court in
M.A.656/99 and with the aforesaid liberty, petitioner be
permitted to move a fresh application before the M.A.C.T.
Betul within a period of one month from today.
Prayer is allowed. Petitioner is permitted to move such
application, which shall be decided by the tribunal in
accordance with law after hearing the other side.
Till next date of hearing, it is directed that in case
petitioner deposits 50% of the amount which we tentatively
quantified to Rs.80,000/- within a period of 15 days before
M.A.C.T. Betul, recovery of the remaining amount shall
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W.P.16731 of 2010
03.12.2010.
remain stayed till the decision on the application filed by the
petitioner.
With the aforesaid directions this petition is disposed of
finally.
C.C.as per rules.
(Krishn Kumar Lahoti) (Smt. Sushma Shrivastava)
JUDGE JUDGE
vj