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Allahabad High Court

Smt. Urmila Shukla W/O Late Deen Bandhu ... vs Learned Iind A.D.J./Motor Accident ... on 28 July, 2010

Author: Rajiv Sharma

Bench: Rajiv Sharma

Court No. - 24

Case :- MISC. SINGLE No. - 4166 of 2010

Petitioner :- Smt. Urmila Shukla W/O Late Deen Bandhu Shukla & Ors(U/A
227
Respondent :- Learned Iind A.D.J./Motor Accident Claims Tribunal & Ors.
Petitioner Counsel :- Rajiva Dubey
Respondent Counsel :- C.S.C.

Hon'ble Rajiv Sharma, J.

Heard learned Counsel for the petitioners and learned Standing Counsel for opposite parties No.1 and 4.

With the consent of learned Counsel for the petitioners and learned Standing Counsel, the writ petition is being disposed of finally at the admission stage itself.

Grievance of the petitioner is that the petitioners have filed a claim petition, which was numbered as M.A.C.P. No. 11 of 1984 and the Motor Accident Claims Tribunal, vide order dated 1.8.1987, allowed the claim petition and awarded an amount of Rs.76000/- along with 6% interest per annum in favour of the petitioners. As the order dated 1.8.1987 has not been complied with by the opposite parties No. 2 and 3 and as such, the petitioners have filed an execution case, which was numbered as Civil Misc. Case No. 17/1996 but the same is pending disposal since 1996.

Learned Counsel for the petitioner submits that interest of justice would suffice, if the opposite party No.1 is directed to decide Civil Misc. Case No. 17/1996, expeditiously, to which learned Standing Counsel has no objection.

Since the relief claimed by learned Counsel for the petitioner is innocuous, as such, issuance of notice to opposite parties No. 2 and 3 is dispensed with.

In view of the above, without entering into the merits of the case, the writ petition is disposed of finally with a direction to the opposite party No.1 to decide Civil Misc. Case No. 17/1996, in accordance with law, expeditiously, say, within a period of six months from the date of receipt of a certified copy of this order. Parties are directed that they will not seek unnecessary adjournment.

Order Date :- 28.7.2010 Ajit/-