Shahrukh Alias Mohd Sareef vs Manoj Kumar And Ors on 6 October, 2022

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Delhi High Court - Orders

Shahrukh Alias Mohd Sareef vs Manoj Kumar And Ors on 6 October, 2022

Bench: Dinesh Kumar Sharma

                          $~48
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      FAO 255/2022
                                 SHAHRUKH ALIAS MOHD SAREEF                          ..... Appellant
                                                    Through:     Ms. Tanya Aggarwal, Advocate.

                                                    versus

                                 MANOJ KUMAR AND ORS                                 ..... Respondents
                                                    Through:     None.
                                 CORAM:
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                    ORDER

% 06.10.2022 CM APPL.43133/2022 (exemption ) Exemption allowed subject to all just exceptions.

FAO 255/2022

1. Present appeal has been filed challenging the order dated 20.08.2022, whereby, the application moved by the petitioner under Order 9 Rule 13 CPC seeking to set aside the ex-parte award dated 15.11.2017 and order dated 19.01.2012 in MAC Petition No.4355/2016 was dismissed.

2. Learned counsel for the appellant submits that the appellant was not residing at the address bearing N-219, N Block, Mangolpuri, Delhi and he was not properly served. Learned counsel for the appellant submits that in fact the appellant was residing at House No.86, Aman Vihar, Kirari Suleman Nagar, Delhi and he was arrested from that place only. Learned counsel for Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:07.10.2022 16:22:06 the appellant submits that the learned Trial Court has fallen into grave error by passing an ex-parte award and thereafter by dismissing the application for setting aside the ex-parte award.

3. Issue notice of the application to the respondents through all permissible modes, returnable on 09th February, 2023.

CM APPL.43132/2022 (for interim relief)

4. The present application has been moved seeking interim relief. Learned counsel for the petitioner submits that merely an award of Rs.3,13,000/- was passed and that was also not to be recovered only from the vehicle owned and driven by the driver appellant. It has been submitted that the liability lies on the other vehicle also involved in the accident. Learned counsel for the appellant submits that recovering the entire amount from the appellant will be a travesty of justice.

5. Issue notice of the application to the respondents through all permissible modes, returnable on 09th February, 2023.

6. Meanwhile, the recovery certificate shall not be issued subject to deposit of Rs.5 lakhs to be paid by the appellant within 8 weeks before the Registrar General of this Court.

DINESH KUMAR SHARMA, J OCTOBER 6, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:07.10.2022 16:22:06

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Delhi High Court - Orders