Court No. - 49
Case :- WRIT - C No. - 19139 of 2019 Petitioner :- Smt. Neera Gupta And Another Respondent :- The New India Assurance Co. Ltd. And 2 Others Counsel for Petitioner :- Dinesh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of present writ petition, the petitioner has approached this Court against the order dated 10th January, 2019 passed by Additional District Judge, court no. 2, Ghazipur directing for execution of award earlier passed by Motor Accident Claims Tribunal on 30th November, 2011 and the order passed by this Court in FAFO No. 808 of 2012 dated 29th February, 2012 filed at the instance of New India Assurance Company Ltd. who has been permitted under the original award to pay the amount in the first instance and then recover the same from the owner of the tortfeasor vehicle.
It is not disputed that in the first appeal from order pending before this Court bearing no. 808 of 2012, the petitioner is a party and if aggrieved , the petitioner on his own may prefer first appeal from order against the award. The execution of decree or an award cannot be interfered with in miscellaneous execution proceedings, if there is statutory remedy available for the party challenging the award or the original decree as the case may be. Further the execution of award or decree can be interfered with if it is demonstrated that decree is in executable or for some subsequent development, decree has got rendered infructuous, but in the present case, neither award can be said to inexecutable nor, it has been rendered infructuous.
In such circumstances, if executing court has proceeded to set aside the decree/award, I do not find any perversity or any jurisdictional error in the order so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India.
The writ petition is misconceived and is accordingly rejected.
Order Date :- 30.5.2019 Sanjeev