High CourtsSingle Bench(2021) 12 UK CK 0249

Amtul�s Public School vs Govindi And Others

Uttarakhand High Court · Decided on 23 December 2021

HON’BLE JUDGES
S.K. Mishra, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) 2798 Of 2021 & Writ Petition (M/S) 2806 Of 2021

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Judgment

7 paragraphs · 241 words

S.K. Mishra, J

1.

Heard Mr. T. A. Khan, learned Senior Counsel for the petitioner and Mr. Yogesh Pande, learned Additional Chief Standing Counsel for the State.

2.

Learned Senior Counsel appearing for the writ applicant submits that the petitioner's school has filed a Special Leave Petition before the Hon'ble Supreme Court against the order passed in AO No. 88 of 2008, and he has been granted a diary number 30528 of 2021 and further, the petitioner seeks some time to obtain an order of stay. However, the petition has been rejected by the learned Motor Accident Claims Tribunal, but the impugned order does not reflect that actually such a submission was raised before the Tribunal.

3.

In that view of the matter, the writ application is allowed to be withdrawn with a liberty to the petitioner to bring it to the notice of the learned Tribunal that an SLP has been preferred before the Hon'ble Supreme Court assailing the order that is sought to be executed against the petitioner at present. In such an event, the application shall be considered and if there is a valid ground in favour of the petitioner, appropriate order shall be passed by the learned Tribunal.

4.

The writ application is dismissed as withdrawn.

5.

There shall be no order as to the costs.

6.

Urgent certified copy of this order be granted to the learned counsel for the petitioner today itself on proper application.