IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 270 CM-16257-CII-2026 in/and CR-5822-2024 Date of Decision:03.09.2026 The New India Assurance Co. Ltd. …..Pe33oner Vs. Kanta Rani and Another .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Imran Ahmad Ali, Advocate for the peoner. Mr. Chakitan Vikram Shekhar Papta, Advocate for respondent No.1. Mr. Rhythem Bajaj, Advocate for respondent No.2. **** DEEPAK GUPTA, J. (ORAL) CM-16257-CII-2026: This is an applicaon under Secon 151 along with Order XXXIX Rule 4 of CPC moved by respondent No.1- claimant for vacang the stay granted by this Court on 25.10.2024. By way of order dated 25.10.2024, a co-ordinate Bench of this Court had directed that proceedings of the Tribunal shall remain stayed. Learned counsel for the non-applicant/peoner/insurance company submits that in fact, in view of the latest instrucons of Hon’ble Supreme Court in the pending ma5er, the main peon itself can be disposed of. Concededly the queson as to whether the Tribunal has the power to condone the delay beyond 06 months under the Motor Vehicle Act, 1988, a:er the amendment of 2019, is pending before Hon’ble Supreme Court. NEETIKA TUTEJA 2026.09.03 18:35 I attest to the accuracy and integrity of this document CM-16257-CII-2026 in/and CR-5822-2024 -2- Vide an order dated 04.11.2025 in Special Leave to Appeal (C) No.8412- 8413/2023 tled “ICICI Lombard General Insurance Co. Ltd. vs. Ayi Navaneetha and ors.” Hon’ble Supreme Court had ordered that during the pendency of the peons, the Tribunal or the High Courts shall not dismiss the claim peons on the ground of such peons as barred by limitaon as prescribed under sub-Secon (3) or Secon 16(3) of the Motor Vehicle Act, 1988. However by way of a subsequent order dated 16.12.2025, Hon’ble Supreme Court has held that pendency in these ma5ers (before Hon’ble Supreme Court) shall not come in the way of the claim peons being adjudicated by the Tribunals except finalizing the judgments. In the light of the aforesaid interim orders passed by the Hon’ble Supreme Court, the applicaon bearing CM-16257-CII-2026 as moved by the respondent- claimant is hereby accepted. Interim order dated 25.10.2024 direcng the Tribunal to stay the proceedings before it, is hereby vacated. However, it is directed that though the Tribunal will connue with the proceedings pending before it in the claim peon, but it shall not pass the final award, unl the ma5er pending before Hon’ble Supreme Court on the issue, is finally disposed of. The main peon also stands disposed of in aforesaid terms. (DEEPAK GUPTA) JUDGE September 03, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.09.03 18:35 I attest to the accuracy and integrity of this document