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Judgment
Aparesh Kumar Singh, CJ
Learned counsel for the petitioner Mr. Karnajit De submits that in T.S. (MAC) 09 of 2020 at the instance of the claimant, the name of opposite party No.5/petitioner herein was deleted vide order dated 21.12.2020 [Annexure-1]. However, in the operative part of the award dated 10.10.2023 [Annexure-3], the learned Motor Accident Claims Tribunal No.2, Gomati Judicial District, Udaipur directed the compensation to be paid jointly by the opposite party No.3 and the deleted opposite party No.5 i.e. the present petitioner. The executing Court has, by the impugned order dated 04.04.2025 [Annexure-5], refused to accept the objection of the present petitioner that he was not liable to pay the compensation as he had already been deleted from the array of opposite parties. The learned executing Court has directed the judgment debtors to make payment by the next date i.e. 01.05.2025. Thereafter the matter was further adjourned to 06.06.2025.
It is submitted that petitioner has also preferred an MAC appeal before this Court which is yet to be listed. It is submitted that the MACT award is also under challenge for the same reason. Meanwhile the present petitioner cannot be compelled to make payment of the compensation when his name was deleted at the instance of the claimant himself by the same MACT tribunal. Therefore, the petitioner has also filed this instant revision petition against the order passed in the execution case.
Issue notice on the respondents under ordinary process and speed post for which requisites be filed by 10.07.2025.
Notice is made returnable within four weeks.
In the meantime, no coercive steps be taken against the petitioner in execution of the award dated 10.10.2023 passed in T.S. (MAC) 09 of 2020.
The instant revision petition be tagged along with MAC appeal which has been filed by the present petitioner before the same appropriate bench.
Learned counsel for the petitioner would supply the institution number of the MAC appeal to the registry so that both the cases can be listed together.