HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1002555 of 2009 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard Shri Ashok Sinha, learned counsel for the petitioner who submits that he has no instruction in the matter. 2. Shri Kartike Dubey, learned counsel appearing for the respondent no.3 Insurance Company has pointed out that this is the second application moved under Order 9 Rule 13 CPC by the petitioner. The matter arises out of proceedings from the Motor Accident Claims Tribunal wherein the predecessor in interest of the private respondent had died in a motor accident in the year 1989.In the first round, the claim petition came to be decided ex parte. 3. An application for recall was moved which was allowed. Thereafter again the petitioner stopped participating in the proceedings the Tribunal had to pass an award on merits though ex parte as far as the present petitioner is concerned. Once again an application under Order 9 Rule 13 CPC was moved before the Tribunal which came to be dismissed by means of the impugned order dated 25.10.2008. 4. It is further pointed out that merely a sum of Rs.96,000/- was awarded in a death case and though in terms of the interim order granted by this Court the amount was deposited with the Tribunal yet the amount has not been released as the proceedings were stayed by this Court. 5. Be that as it may, since the counsel for the petitioner submits that there Versus Counsel for Petitioner(s) : Ashok Sinha Counsel for Respondent(s) : C.S.C., B.P.Dubey, Bhanu Prakash Dubey, Rajendra Jaiswal Devendra Kumar Gupta .....Petitioner(s) Prem Lata .....Respondent(s) are no instruction, accordingly the petition is dismissed for want of prosecution. Interim order, if any, stands discharged. The Tribunal is directed to ensure that the amount is paid to the claimants. December 5, 2025 ank WRIC No. 1002555 of 2009 2 (Jaspreet Singh,J.) Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench