Supplementary affidavit filed is taken on record.
Motor Accident Claim petition was allowed ex parte against the petitioner and a right of recovery of the compensation awarded was given to the Insurance Company. When the Insurance Company exercised the said right and the petitioner was faced with the recovery on 17.8.09, he applied for setting aside the ex parte award under Order IX Rule 13 C.P.C. The application has been rejected by the impugned order on the ground that delay has not been explained.
The submission of learned counsel for the appellant is that the application was moved on 24.8.09 and was within time from the date of knowledge i.e. 17.8.09 which is not disputed. The court below has erred in treating the aforesaid date of knowledge to be 17.8.08.
Issue notice to the respondents by registered post.
Until further orders of this court, the realization of the amount awarded under the impugned award against the petitioner shall remain stayed provided he deposits the entire amount within a period of six weeks from today which shall be kept in a fixed deposit with a nationalized bank. In the event of default the stay order stand vacated automatically.
Order Date :- 12.10.2010 piyush