Allowed

O.S.R.T.C. Rep. by its Chairman and Managing Director v. Simma Simhachalam

Telangana HC27 Aug 2011CRP/3329/2011

Case brief

AI extract

What is this about?

Allowed a revision petition seeking extension to deposit security against an ex parte decree, setting aside the ex parte order and decree and dismissing the original application if the condition is not met by the extended deadline.

What did the court decide?

Time extended to deposit amount by 23.09.2011; ex parte order and decree set aside; original I.A. dismissed if condition not met.

O.S.R.T.C. Rep. by its Chairman and Managing… — Execution and Attachment | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR

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C.R.P.No.3329 of 2011

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O R D E R:

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The respondents 1 and 2 herein filed M.V.O.P.No.216 of 2006 claiming compensation against the petitioner. The petitioner was set ex parte. Therefore, ex parte award and decree were passed on 14.09.2007. Then the petitioner filed an application in I.A.No.2256 of 2010 praying to condone the delay of 1520 days in filing the application to set aside the ex parte decree. The petition was allowed on condition of the petitioner depositing 50% of the amount awarded on or before 28.03.2011. Then the petitioner herein filed I.A.No.690 of 2011 praying to extend the time for depositing the amount and the learned Chairman, Motor Accident Claims Tribunal-cum-District Judge, Srikakulam, by impugned orders, dismissed the said petition on the ground that orders were already passed.

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The only contention of the learned counsel for the petitioner in this revision petition is that the lower Tribunal ought to have given an opportunity to the petitioner and to extend sometime for depositing the amount. It is also submitted that the Law Officer of Orissa State Road Transport Corporation addressed a letter, but since, the Assembly of the Orissa State was in Session, it was not possible to get the approval of the Government.

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The only point that arises for consideration is whether the petitioner should be given an opportunity to deposit the

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amount?

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It is always better, if the matters are disposed of on merits, after contest. No prejudice will be caused if some more time is granted to the petitioner. Hence, the petition is allowed and the time is extended, subject to the condition of petitioner depositing the amount on or before 23.09.2011, the ex parte order and decree stands set aside, failing which the I.A.No.2256 of 2010 filed by the petitioner stands dismissed.

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__________________ B.CHANDRA KUMAR,J

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Dt. 27^th August, 2011

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Note: Issue C.C. in two days. B/o

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PNV

O.S.R.T.C. Rep. by its Chairman and Managing Director v. Simma Simhachalam

Case brief

What is this about?

What did the court decide?

O.S.R.T.C. Rep. by its Chairman and Managing Director v. Simma Simhachalam

Case brief

What is this about?

What did the court decide?

What the court decided

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