Court No. - 21 Case :- WRIT - C No. - 37044 of 2010 Petitioner :- Ramesh Kumar Respondent :- New India Insurance Company Ltd. And Others Petitioner Counsel :- K.N. Mishra Respondent Counsel :- S.C. Hon'ble V.K. Shukla,J.
Motor Accident Claim Petition had been filed, and the same had been
allowed on 24.04.2007 by passing award. In the said proceedings in
question, New India Insurance Company has paid the amount of
award, and as per terms and conditions of the award, liberty was
given to recover the said amount from the owner of the vehicle, and
proceedings in the said direction had been undertaken, then the
petitioner came forward by moving an application before the Motor
Accident Claims Tribunal under Order IX Rule 13 of the Code of Civil
Procedure for setting aside the exparte award. In execution
proceeding order for recovery certificate had been issued. In such a
situation and in this background, the petitioner moved an application
that till his application under Order IX Rule 13 C.P.C. was not decided,
recovery be not made. Since the court concerned was not available,
the petitioner moved transfer application and said application was
allowed and court No.8, i.e. the court of Additional District Judge, Court
No.8, Deoria, was asked to decide the matter. Thereafter, the said
court has passed order that it had no authority or jurisdiction to stay
the execution proceedings. Against the said order present writ petition
has been filed.
This is accepted position that the Court of Additional District Judge,
Court No.6 was not available and in this background transfer
application was moved. The District Judge in his turn transferred the
matter before the Court of Additional District Judge, Court No.8.
Once transfer order has been effected upon, then to say that the
concerned court has no authority to decide the matter, cannot be
subscribed. Once, District Judge, in his wisdom, on being apprised
with the situation, that the court was not available, had proceeded to
pass order by exercising his discretion by directing Court No.8 to take
up the matter and decide the same. In such a situation and in this
background, order which has been passed by Court No. 8, rejecting
application 6C cannot be subscribed.
Consequently, writ petition succeeds and the same is allowed. The
order dated 15.05.2010 is hereby quashed and set aside. Additional
District Judge, Court No.8, Deoria is directed to decide the application
6C on merits, after affording opportunity of hearing to all the necessary
parties.
Order Date :- 15.7.2010
SRY