Court No. - 34 Case :- FIRST APPEAL FROM ORDER No. - 41 of 2010 Petitioner :- Surendra Dubey And Others Respondent :- Ram Palat Gupta Petitioner Counsel :- Sanjay Kumar Pandey Respondent Counsel :- B.D. Mishra Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
Admit
Issue notice upon the respondents by registered post with acknowledgment
due within a period of fortnight from this date returnable six weeks hence.
The appeal will be heard and the stay of the order impugned passed by the
learned Judge, Motor Accident Claims Tribunal/Upper District Judge, Court
no. 2, Gorakhpur dated 29.9.2009 in M.A.C.P. No. 140 of 2006 will be
operative subject to deposit of the 50% of the entire awarded amount
alongwith interest accrued thereon till date within a period of one month from
this date. Tribunal concerned is at liberty to release 50% of the total deposited
amount to the claimant/s without security.
However, Tribunal concerned is at liberty to keep remaining/balance 50% of
the total deposited amount in a short term Fixed Deposit of a nationalissed
bank and will be renewed time to time till the payment is made or till further
order/s of the Court, whichever is applicable.
The entire deposited amount will include the statutory deposit of Rs. 25000/-,
which will be remitted in favour of the concerned Tribunal as expeditiously as
possible.
Order Date :- 6.1.2010
R