HOSHIYAR SINGH versus CHARAN SINGH & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Hoshiyar Singh v. Charan Singh & Others - WRIT - C No. - 61957 of 2007 [2007] RD-AH 18886 (17 December 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Janardan Sahai, J

It appears that an award was passed by the Motor Accident Claims Tribunal against the petitioner. The petitioner applied for setting aside the award which was said to be exparte. The application of the petitioner was rejected by the tribunal by order dated 13.7.2005. The petitioner filed a writ petition no. 37887 of 2007 against that order. The writ petition is still pending. An interim order was passed in that case that no coercive action shall be taken against the petitioner provided he deposits a sum of Rs.30,000/- with the Motor Accident Claims Tribunal on or before 08th October, 2007. It appears that the petitioner could not comply with the interim order and he applied before the tribunal seeking further time to deposit. The application of the petitioner was rejected by the tribunal by order dated 26.10.2007. This order has been challenged by the petitioner in this writ petition. In my opinion the order passed by the tribunal does not suffer from any illegality. This court has granted time only upto 8.10.2007. The extension of time can be granted by this court in the pending writ petition and not by the tribunal. The writ petition therefore lacks merit. Counsel for the petitioner then submitted that the petitioner will move an application for extension of time to make the deposit and for modification of the order dated 16.8.2007. It is open to the petitioner to do so. With these observations this petition is dismissed.

Dt. 17.12.2007

sn/wp-61957/07

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