Allahabad High Court
U.P. State Road Transport Corporation vs Ram Singh And Another on 19 July, 2010
Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1895 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Ram Singh And Another Petitioner Counsel :- V.C. Dixit Respondent Counsel :- B.P. Verma Hon'ble Satya Poot Mehrotra,J.
Hon'ble Shyam Shankar Tiwari,J.
Order on Appeal Admit.
Issue notice.
Notice on behalf of the claimant-respondent no. 1 has been accepted by Shri B.P. Verma, who has filed Caveat on behalf of the said respondent.
Notice will be issued to the remaining respondent by Registered Post A.D. fixing the next date fixed in the matter.
Order on Stay Application Issue notice.
Notice on behalf of the claimant-respondent no. 1 has been accepted by Shri B.P. Verma, who has filed Caveat on behalf of the said respondent.
Notice will be issued to the remaining respondent by Registered Post A.D. fixing the next date fixed in the matter.
Requisite steps will be taken within three weeks. Heard on the question of grant of interim relief. Having regard to the facts and circumstances of the case and having considered the submissions made by Shri V.C. Dixit, learned counsel for the appellant and Shri B.P. Verma, learned counsel for the claimant-respondent no.1, it is directed that the operation of the impugned Award dated 23.2.2010 will remain stayed until further orders of the Court, provided within six weeks from today, the appellant deposits the entire amount awarded under the impugned Award together with interest thereon before the Motor Accidents Claims Tribunal, Mathura.
The amount so deposited by the appellant will be paid/invested as under:
(1) Out of the amount so deposited, Rs. 1.5 lacs will be paid to the claimant-respondent no. 1 without furnishing any security. (2) Balance amount of the deposit will be invested in maximum interest-
bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the name of the claimant-respondent no.1.
The amount invested in Fixed Deposit as per the directions given above, will not be permitted to be withdrawn by the claimant-respondent no. 1 without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposit will be permitted to be withdrawn by the claimant- respondent no. 1 as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposit, will continue to be reinvested in such Fixed Deposit.
The amount of Rs. 25,000/- deposited by the appellant while filing the present Appeal, will be remitted to the Tribunal for being adjusted towards the deposit to be made by the appellant, as directed above.
In the event of default on the part of the appellant in making the deposit as directed above, this interim order will stand automatically vacated.
Counter Affidavit and Rejoinder Affidavit may be exchanged between the parties by the next date fixed in the matter.
List on 14th December, 2010.
Order Date :- 19.7.2010 Ajeet