MOHD. SHAKEEL v. DISTT. MAGISTRATE BARABANKI DISTT. BARABANKI AND 2 OTHERS
WRIC/8154/2025 · 2025-08-26
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159671 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8154 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the parties.
2. The present petition has been filed by the petitioner challenging the recovery certificate issued for the recovery of the amounts in pursuance of the award passed by the Motor Accident Claim Tribunal on 07.04.2014. By means of the said award, the MACT had directed the payment of the amount against the insurance company with the right to recover.
3. It is stated that the amount has already been paid by the insurance company. Subsequently, an application was filed under Section 174 of the Motor Vehicle Act, 1998 by the insurance company. On which, some
order came to be passed.
4. It is also brought on record that a FAFO Defective No.101 of 2023 was filed by the petitioner challenging the award, which is still pending. It is also argued that an application has been filed before the MACT on 15.02.2025 for recall of the recovery warrant, which is still pending. It is stated that on the one hand, the application being Misc. Case No.16-C of 2014 is pending and on the other hand, the recovery is being pressed.
5. Considering the fact that the application for recall of the recovery warrant is pending consideration before the MACT, the present petition is
disposed of with direction to the MACT concerned to decide the said application in accordance with law within a period of six weeks from Versus Counsel for Petitioner(s) : Umesh Singh, Vivek Kumar Tiwari Counsel for Respondent(s) : C.S.C. Mohd. Shakeel .....Petitioner(s) Distt. Magistrate Barabanki Distt. Barabanki And 2 Others .....Respondent(s)
today.
6. Till disposal of the said recall application, the recovery shall not be pressed against the petitioner. August 26, 2025 Ashutosh WRIC No. 8154 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench