Court No. - 30
Case :- WRIT - C No. - 14939 of 2018 Petitioner :- Sunder Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pravesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed seeking direction to the court below to stay the operation of the proceeding for recovery of Rs. 7,40,000/- initiated by the respondent no. 3 and its subordinate officer against the petitioner in pursuance of letter send by the Motor Accident Claims Tribunal authority, Bulandshahar.
In paragraph 9 of the petition it has been stated that F.A.F.O. No. 3226 of 2014 (Suresh Chandra and others vs. Oriental Insurance Company Limited and others) has been filed by the claimant before this Court, which is still pending.
Obviously, there can be no interim order against the recovery in an appeal filed by the claimant. There is no averment in the petition that any appeal is still pending against the award filed by the petitioner and any interim order is operating therein.
On the facts and circumstances of the case present petition is absolutely misconceived.
At this stage, learned counsel for the petitioner states that the interim order is operating in favour of the petitioner in an appeal filed before this Court.
In case, any interim order is operating in favour of the petitioner granted by any court including this High Court in appeal, the petitioner may file fresh petition clearly stating therein the aforesaid facts.
With this liberty, present petition stands dismissed as withdrawn in the aforesaid facts and circumstances of the case.
Order Date :- 25.4.2018 Lalit Shukla