Allahabad High Court High Court

Uday Narayan Tiwari vs Dukhi Ram & Another on 15 June, 2010

Allahabad High Court
Uday Narayan Tiwari vs Dukhi Ram & Another on 15 June, 2010
Court No. - 10

Case :- FIRST APPEAL FROM ORDER No. - 1813 of 2010

Petitioner :- Uday Narayan Tiwari
Respondent :- Dukhi Ram & Another
Petitioner Counsel :- Rajesh Dwivedi
Respondent Counsel :- Vikash Singh

Hon'ble Rakesh Sharma,J.

Heard learned counsel for the parties.

Issue notice to the respondents to file objection/counter affidavit within six
weeks to which reply/rejoinder affidavit, if any be filed within two weeks
thereafter.

List in the 3rd week of August, 2010.

Considering the facts and circumstances of the case, it is provided that if the
appellant deposits Rs.25,000/- in addition to the amount, if any, already
deposited in the Motor Accident Claims Tribunal within month from today
with the Motor Accident Claims Tribunal, the execution and operation of the
impugned judgment and award dated 12.3.2010 passed by Upper Zila Judge
(Court No.2)/ M.A.C.T. Kanpur Dehat shall remain stayed till further orders
of the Court.

The statutory amount, already deposited, in this Court shall be remitted back
to the Motor Accident Claims Tribunal. The Motor Accident Claims Tribunal
shall immediately release the entire amount in favour of the Claimant-
respondent without asking for any security or Bank Guarantee.

In the event of any default, the above interim order shall stand automatically
vacated and the execution proceedings shall commence immediately.

Order Date :- 15.6.2010
piyush