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Smt. Sushila Tyagi v. State Of U.P. And Others - WRIT - C No. 9995 of 2007 [2007] RD-AH 3621 (1 March 2007)


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Civil Misc. Writ Petition   No. 9995  of   2007

Smt. Sushila Tyagi  ...........................................................................    Petitioner


State of Uttar Pradesh & others    .........................................          Respondents


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the learned standing counsel. No notice is being issued to the respondents No. 2 to 4 in view of the order which is being passed in this writ petition.

By this writ petition   the petitioner has prayed for quashing the order dated 7.2.2007 passed by the Additional District Judge in Misc. Case No. 12 of 2003.  A mandamus has also been prayed for commanding the court below to accept the security  bond instead of Bank guarantee.    The Motor Accident Claims Tribunal  vide its order dated 21.10.2002 allowed the claim petition  against the petitioner.   The petitioner filed an application for recall  of the said order which was heard and by order dated 13.12.2006 was allowed with  condition that within ten days the applicant shall deposit 50% of awarded amount in the court  or to give Bank guarantee of equal amount.  The order further stated that in non-fulfilling of the condition the application  shall be rejected.  The petitioner could not deposit the amount  within the time allowed  and again filed an application praying for modification of the condition in the order dated 13.12.2006.  A prayer was made that the applicant be permitted to deposit  the security bond. The said application has been rejected by the Tribunal vide its order dated 7.2.2007. By order dated 7.2.2007 the stay application was also rejected. An application and affidavit has been filed praying four months' time  to deposit the  amount  in the court below as  directed by the order dated 13.12.2006.

Learned counsel for the petitioner contends that the petitioner is now ready to deposit  the amount and this Court may consider  the only prayer of extension of time for deposit as directed by the  court below.


I have considered the submissions of counsel for the petitioner and perused the record.  

The restoration application was allowed with the condition to deposit 50% of awarded amount in the court  or to give Bank guarantee of equal amount  within ten days.  The said period has now expired. No error was committed by the Motor Accident Claims Tribunal   in rejecting the stay application.  The prayer of the petitioner for permitting him to deposit the security bond has rightly been rejected and no interference can be called for in the order dated 7.2.2007.  However, looking to the prayer of the petitioner and the seeking further time ends of justice be served in giving one more opportunity to the petitioner to deposit  50% of the amount awarded by the Motor Accident Claims Tribunal within two weeks from today. i.e. upto 15th of March, 2007.  In case the petitioner deposits 50% of the amount  in cash or Bank draft or Bankers Cheque  on or before 15.3.2007  the Motor Accident Claims Tribunal  shall accept the said amount and pass an order with regard to further proceedings of the case.  The prayer of the petitioner  to quash the order dated  7.2.2007 is refused.

The writ petition  is disposed of with the aforesaid direction.




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