Petitioner sought direction to release fixed deposit award amount before Tribunal. Court noted no appeal or application for release was filed. Held Article 226 petition in this form could not be entertained and was dismissed.
Petition dismissed; party directed to move application for release before appropriate Court.
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Court No. - 36
Case :- WRIT - C No. - 40718 of 2018
Petitioner :- Smt. Lavli Sharma Respondent :- Dinesh Kumar And 2 Others Counsel for Petitioner :- Yadvesh Yadav
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner.
The prayer in the present petition is to issue a direction to the Motor Accident Claims Tribunal to release an amount of Rs. 10 lakhs and odd in favour of the petitioner which has been deposited in a Fixed Deposit account of a Nationalized bank pursuant to the award dated 13.2.2015 passed in M.A.C.P. No. 461 of 2013 (Smt. Lavli Sharma and others vs. Dinesh Kumar and another).
On a pointed query made by the Court, learned counsel for the petitioner is not in a position to inform as to whether any appeal has been filed against the aforesaid award. He, however, admits that no application for release of the aforesaid amount has been moved before the appropriate Court.
The present petition under Article 227 of the Constitution of India, therefore, cannot be entertained to issue any direction to the Tribunal.
It is open for the petitioner to move an application for release of the aforesaid amount before the appropriate Court.
Subjection to the above observations, the present petition is dismissed .
Order Date :- 4.1.2019 Brijesh
1 issue framed by the court
Whether this Court can issue a direction to the Motor Accident Claims Tribunal to release deposited funds when no appeal has been filed against the Tribunal's award and no application for release has
2 provisions across 1 enactments
Smt. Lavli Sharma
Dinesh Kumar And 2 Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
