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2025 DAILYLAW 8143 (HP)

SURINDER SINGH v. ASHA RANI

CMP/4182/2025 · 2025-05-09

Vivek Singh Thakur

body2025

Judgment text

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Surinder Singh vs. Asha Rani FAO No. 237 of 2023 09.05.2025 Present: Ms. Shruti Advocate vice Mr. Sambhav Bhasin, Advocate for the appellant. Mr. Sushant Veer Singh Thakur, Advocate for respondents. CMP No. 4182 of 2025 This application has been filed for vacation of stay, granted to appellant, on the ground that appellant has not deposited the amount of compensation as directed vide order dated 8th April, 2024 passed in CMP No. 13285 of 2023. Vide order dated 8th April, 2024, passed in CMP No.13285 of 2023, execution and operation of impugned award dated 20th July, 2023 passed by learned Motor Accident Claims Tribunal, Una, District Una in MAC Petition No. 80 of 2020 titled as Asha Rani vs. Jaswinder Singh was stayed subject to deposit of entire awarded amount along with up-to-date interest within a period of six weeks from the date of passing of order. Admittedly, within six weeks after passing of order dated 8th April, 2024 or thereafter, till date no amount has been deposited by appellant. Therefore, in view of nature of order, which was providing conditional protection to the appellant on deposit of awarded amount along with up-to-date interest, the interim protection granted to the appellant already stands vacated and for that purpose, no separate application is required to be filed. With these observations, this application is dismissed being misconceived and disposed of accordingly. FAO No. 237 of 2023 As interim protection granted vide order dated 8th April, 2024, passed in CMP No. 13285 of 2023 stands vacated for non-deposit of entire awarded amount along with up-to-date interest within six weeks from the date of passing of afore order, respondents/claimants are at liberty to take appropriate steps for execution of impugned award. Being admitted matter, list for final hearing in due course after completion. May 09, 2025 (Vivek Singh Thakur) (ms) Judge