Heard learned advocate Ms. Kiran D. Pandey appearing on behalf of applicant Gujarat State road Transport Corporation.
This application is filed with a prayer to condone delay of 61 days in filing first appeal.
Learned advocate Ms. Pandey submitted that in First Appeal (Stamp) No.2283 of 2009, Corporation has challenged interim order passed by Motor Accident Claims Tribunal, Sabarkantha at Himatnagar dated 25th November 2008 in Motor Accident Claim Petition No.224 of 2006 below Ex.5 under Section 140 of MV Act. She also submitted that as per interim order, Rs.50,000/- has been directed to be deposited by applicant appellant with 7.5% interest before claims tribunal concerned. During pendency of this proceeding, learned advocate Ms. Pandey submitted that 166 app0lication filed by claimant has been dismissed by claims tribunal on 31st July 2009 Ex.35. Therefore, this delay condone application as well as first appeal with civil application for stay become infructuous. Accordingly, she submitted that all matters may be disposed of.
In light of this subsequent fact stated by learned advocate Ms. Pandey, present Civil Application No.12863 of 2009 with First Appeal (Stamp) No.2283 of 2009 with Civil Application for stay (Stamp) No.5061 of 2009 are disposed of having become infructuous and registration of First Appeal and Civil Application for stay is refused.
It is made clear that these matters are disposed of before effective hearing, therefore, whatever refund available to applicant appellant, be paid in accordance with law.
[H.K.
RATHOD, J.] #Dave Top