Himachal Pradesh High Court
Cholamandalam Ms General Insurance ... vs Deepa Kumari on 27 June, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.221 of 2023 Date of Decision: 27.06.2023 .
_______________________________________________________ Cholamandalam MS General Insurance Company Ltd. .......Petitioner Versus Deepa Kumari ... Respondent _______________________________________________________ Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1 For the Petitioner :
Ms. Reeta Thakur, Advocate vice Mr. Virender Sharma, Advocate.
For the Respondent: Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate.
_______________________________________________________ Sandeep Sharma, Judge(oral):
Since pursuant to order dated 16.5.2023 passed in CMP No.5587 of 2023, entire awarded amount sought to be realized by way of Execution Petition No.49 of 2021 pending adjudication before learned Motor Accident Claims Tribunal, Ghumarwin, camp at Bilaspur, District Bilaspur, H.P., has been deposited in the Executing Court, nothing remains to be adjudicated in the present proceedings.
2. By way of instant petition filed under Article 227 of the Constitution of India, challenge has been laid to order dated 29.6.2022 passed by learned Tribunal below in execution proceedings, whereby on account of non-payment of awarded amount passed by learned tribunal below, Court below was compelled to 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 27/06/2023 20:41:38 :::CIS 2order attachment of the property of the petitioner. Order impugned in the instant proceedings as well as zimini orders placed on record reveal that tribunal below was compelled to pass order of attachment .
since despite repeated opportunities amount sought to be realized through execution proceedings was not deposited. Since amount sought to be realized through execution petition has been deposited in terms of order dated 16.5.2023, no further orders are required to be passed in the instant proceedings.
3. Consequently, in view of the above, the present petition is disposed of as having rendered infructuous. Needless to say, Court below before passing final order on the objection, if any, taken by the petitioner herein i.e. JD, shall take into consideration the grounds raised in the instant petition. Pending applications, if any, also stand disposed of.
(Sandeep Sharma), Judge June 27, 2023 (shankar) ::: Downloaded on - 27/06/2023 20:41:38 :::CIS