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High Court of DelhiCM(M)/1731/2019

Gullu Transport Company v. Icici Lombard General Insurance Co Ltd

2020-03-03Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CM Appls. 52328/2019, 3687/2020 IN + CM(M) 1731/2019 GULLU TRANSPORT COMPANY ..... Petitioner Through:

versus ICICI LOMBARD GENERAL INSURANCE CO LTD ..... Respondent Through:

Mr.Pankaj Gupta and Ms.Suman Bagga, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 03.03.2020 1.

The petitioner has challenged the order dated 20th August, 2019 whereby the Claims Tribunal dismissed the petitioner's application under Order XXI Rule 26 of the Code of Civil Procedure for stay of the execution proceedings.

2.

Learned counsel for the petitioner submits that he has filed the affidavit of assets. However, the same is not on record. 3.

Learned counsel for the respondent submits that the impugned award was passed by the Claims Tribunal on 26th May, 2011 which was challenged by the respondent before the Himachal Pradesh High Court and the same was decided on 29th July, 2016. It is submitted that the respondent initiated an execution proceedings before the Solan Court and the decree was transferred to the Rohini District Court. It is submitted that the petitioner had By:RAJENDER SINGH KARKI 11:28:08

sufficient time to take legal recourse but has not taken any action till date. 4.

Learned counsel for the petitioner submits that petitioner did not have the copies of relevant documents to avail the appropriate legal remedies. It is submitted that the petitioner shall take appropriate legal recourse within the period of four weeks from today.

5.

In the peculiar facts and circumstances of this case, the execution Court is directed to withhold the coercive action against the petitioner for a period of four weeks from today. After the expiry of four weeks, the Execution Court shall proceed with the execution proceedings. 6.

The petition is disposed of in the above terms. Interim orders are vacated. All pending applications are disposed of. 7.

Copy of this order be given dasti to counsel for the parties under signatures of Court Master.

J.R. MIDHA, J.

MARCH 03, 2020 ds By:RAJENDER SINGH KARKI 11:28:08