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2025 DAILYLAW 19140 (HP)

AKSHAY KUMAR AND ANOTHER v. ASHWANI KUMAR AND OTHERS

CMP.M/1850/2024 · 2025-06-30

Vivek Singh Thakur

body2025

Judgment text

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Akshay Kumar & another vs. Ashwani Kumar and others CMP(M) No. 1850 of 2024 30.06.2025 Present: Mr.Ashok Kumar Thakur, Advocate, for the applicants-appellants. Mr.Arush Matlotia, Advocate, for respondents No.1 to 5. Mr.Rahul Minhas, Advocate, vice Mr.Sanjay Kumar Sharma, Advocate, for respondent No.6. CMP (M) No.1850 of 2024 This application has been filed for condonation of delay of 44 days in filing the appeal. Prayer made in the application has been opposed by learned counsel for the respondents on the ground that day-to-day delay as required to be explained under law, has not been explained. Taking into consideration averments made in the application and submissions made by learned counsel for the parties, delay of 44 days in filing the appeal is condoned. Appeal be registered. Application stands disposed of. FAO No. of 2025 (FAOST/30584/24) Admit. No post admission notice is required to be issued to the parties, as they are duly represented. Power of Attorney(s) on behalf of respective respondents, if not already filed, be filed within a week. Records be requisitioned. List for hearing in due course after completion. CMP No. of 2025 (CMPST-31441/2024) Subject to deposit of entire awarded amount alongwith up-to-date interest, in the Registry of this Court, on or before 30.08.2025, execution and operation of the impugned award dated 28.03.2024, passed by Motor Accident Claims Tribunal-III, Kangra at Dharamshala, H.P., in MACP (RBT) No.21/D/II/2021/2015, titled as Ashwani Kumar and others vs. Akshay Kumar and others, shall remain stayed during pendency of the appeal. Alteration/modification/vacation on motion. For non deposit of entire awarded amount alongwith up-to-date interest, interim protection shall stand vacated automatically. Application stands disposed of. (Vivek Singh Thakur) Judge June 30, 2025 (Purohit)