Court No. - 46
Case :- WRIT - C No. - 9822 of 2019 Petitioner :- Ram Dayal Dixit Respondent :- Smt. Tej Dulari And 7 Others Counsel for Petitioner :- V.K.S. Somvanshi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is the owner of Marshall Jeep No. P77 0930 (hereinafter referred as "offending jeep").
The claim petition has been instituted by respondent nos. 1 to 6 which was numbered as M.A.C.P. No. 454 of 2012 for the compensation of Rs.13,83000/- for the death of one Mulayam Singh, who was stated to have been met with an accident with offending jeep.
It appears that the petitioner did not contest the claim petition and the Tribunal by order dated 28.2.2015 allowed the claim petition and fixed the liability upon the petitioner being owner of the offending jeep to pay compensation.
The petitioner came to know for the first time about the pendency of the claim petition, when the recovery certificate was issued in pursuance of the execution of the order 16.2.2019, thereafter, he filed an application under Order 9 Rule 13 of C.P.C. along with delay condonation application which is registered as case no. 172/74/2019. In the aforesaid application the delay is condoned on 19.2.2019 subject to the payment of Rs.1500/- as costs.
Learned counsel for the petitioner states that the cost in compliance of the order dated 19.2.2019 has been deposited by the petitioner.
The only prayer made by the learned counsel for the petitioner is that the Special Judge (POCSO Act)/ Additional Sessions Judge, Court No. 8 Kanpur Dehat be directed to dispose of the case no. 172/74/2019.
Considering the facts and circumstances, this Court in the interest of justice, direct the Special Judge (POCSO Act)/ Additional Sessions Judge, Court No. 8 Kanpur Dehat to decide the aforesaid case within a period of four months from the date of production of certified copy of the order.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 26.4.2019 Ishan