Supplementary affidavit filed by the petitioner, is taken on record.
Heard learned counsel for the petitioner and learned Standing counsel for appearing for respondent nos. 1 to 3.
By means of present writ petition, the petitioner has challenged the recovery citation dated 04.10.2014 issued by the respondent no.2.
It appears from the record that in the year 1997 petitioner has sold his tractor in favour of respondent no.5. In the year 2003 the said tractor had met with an accident and in the said incident a student died. First information Report under Section 279, 338, 304-A, 427 IPC, has been registered at Police Station Girauli District J.P.Nagar, and case crime no.1093 of 2003 was registered against the respondent no.5. Immediately thereafter, the respondent no.5 had moved an application before the Chief Judicial Magistrate, J. P. Nagar for release of the tractor and said application was allowed vide an order dated 09.01.2004, and tractor in question had been released in favour of respondent no.5. Thereafter, Smt. Chameli Devi wife of Jagdish filed Motor Accident Claim Petition No.124 of 2006 (Smt. Chameli Devi and another Vs. National Insurance company and others). The respondent no.6 moved an application in said M.A.C.P. case on 30.04.2007 for amendment of the name of the owner of the tractor, which was allowed by the learned Additional District Judge without issuance of any notice to the petitioner. The said application was also brought on record as annexure no.7 to the writ petition.
Thereafter, the Motor Accident Tribunal, J. P. Nagar had proceeded in the matter and passed an award, and in pursuance of the said award the impugned recovery citation dated 04.10.2014 had been issued against the petitioner for recovery of Rs. 1,34,977/-.
Learned counsel for the petitioner submits that said order had been passed ex-parte against the petitioner and once the petitioner had transferred the tractor in question, therefore, liability can not be fastened over the petitioner.
He further submits that after knowing the impugned recovery citation dated 04.10.2014, immediately the petitioner moved a recall application in said M.A.C.T case.
Therefore, in view of above, matter requires consideration.
Issue notice to respondents. Steps may be taken within a week, returnable at an early date. The respondents are allowed three weeks' time to file counter affidavit. The petitioner will have one week thereafter to file rejoinder affidavit.
List this matter after four weeks.
Till the next date of listing, the operation of the impugned orders dated 04.10.2014 shall be kept in abeyance, subject to deposition of half of the amount of Rs.1,34,977/- by the petitioner, within two weeks time from today.
Order Date :- 3.12.2014/VKG