Court No. - 72
Case :- CRIMINAL REVISION No. - 4041 of 2018 Revisionist :- Sarman @ Sarman Prasad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Chandra Prakash Garg Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This is modification application has been filed praying for the modification of the order dated 22.11.2018 passed by this court. It has been submitted by the counsel for the applicant that the applicant is a retired class 4th employee and he is not able to pay the arrears of compensation from the date of application in lumpsum. He has submitted that the amount of Rs. 2,500/- directed to be paid per month from the date of application should be made payable from the date of order.
From the perusal of the order sheet this court finds that the opposite party no. 2 has refused to accept the notice sent by this court and has not appeared therefore the copy of the modification application cannot be served upon her. The counsel for the applicant stated being retired employee aged about 60 years the applicant cannot deposit the arrears of pension in lumpsum. He may be granted some time to deposit the same.
The order dated 22.11.2018 is modified and the applicant is directed to pay Rs. 2,500/- per month from the date of order of the court below and the arrears of amount of maintenance shall be paid by the applicant at the rate of Rs. 1,000/- per month along with Rs. 2,500/- per month. This amount of Rs. 3,500/- shall be paid to the opposite party no. 2 by the applicant per month. Total amount of Rs. 3,500/- shall be paid by the applicant per month to the opposite party no. 2 and after the arrears of maintenance are fully paid by the applicant he will make payment of Rs. 2,500/- only to the opposite party no. 2, during the pendency of the revision.
In case of failure of applicant to comply this order the opposite party no. 2 shall be at liberty to apply for execution of the order dated 22.11.2018 of this court before the court below and the court below shall execute the same within three months for filing of execution case by the opposite party no. 2.
Modification application is allowed.
Order Date :- 18.12.2019 Rohit