Neutral Citation No. - 2025:AHC:6490 Court No. - 9 Case :- WRIT - C No. - 43694 of 2024 Petitioner :- Adil @ Adil Ansari Respondent :- The Additional District Judge Court And 5 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed seeking expeditious disposal of Execution Case No.1374 of 2015 arising out of M.A.C.T. No.764 of 2011 wherein award was made on 25.07.2014. 2. Learned counsel for the petitioner submits that against the award dated 25.07.2014 owner of the vehicle had filed FAFO No.3435 of 2017 wherein the Court on 10.12.2018 passed following order: "List has been revised. Heard learned counsel for the parties on the point of admission. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the defendant-owner against the judgment and award dated 25.07.2014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Gorakhpur in MACP No. 764 of 2011 mainly on the ground that claimants themselves are responsible for their acts and no any negligence on the part of the appellant. Admit. Issue notice to the unrepresented respondents through Registered/Speed Post, returnable at an early date. Steps be taken within 10 days. List this appeal after six weeks. Execution of the award in pursuance of judgment and award dated 25.07.2014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Gorakhpur in MACP No. 764 of 2011 shall remain stayed provided that appellant will deposit 50% of the awarded amount in cash and adequate security for remaining 50% other than cash or bank guarantee in the Court below within one month. On such deposit, subject to final decision of this appeal, the whole amount deposited in cash shall be released in favour of claimants-respondents in terms of award without furnishing any security. It is made clear that in case of default in making aforesaid, this interim order shall stand automatically discharged without further reference to this Court. Any amount deposited in this Court shall be remitted to the concerned Tribunal within two weeks and the same shall be duly accounted for/adjusted while making the aforesaid deposit." 3. From perusal of the order it is clear that the Court had directed that in case the awarded amount is deposited within a month, 50% shall be kept in a interest bearing account and rest of the amount was to be withdrawn by the claimants. 4. According to him, the order dated 10.12.2018 has not been complied with and the amount has not been deposited before the Motor Accident Claims Tribunal. The said fact has been stated in para 4 of the supplementary affidavit. Further in para 5 it has been stated that the time granted by this Court has not been extended and hence it has automatically come to an end. He further contends that a direction may be issued to conclude the Execution Case No.1374 of 2015. 5. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Motor Accident Claims Tribunal/Additional District Judge-V, Gorakhpur to conclude the Execution Case No.1374 of 2015 (Adil @ Adil Ansari vs. Chandrabhan & Ors.), if there are no legal impediment in deciding the same, in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order. 6. With the aforesaid direction, present writ petition stands disposed of. 7. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 15.1.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad