Gulzar & ORS v. The Oriental Insurance Co Ltd

$~59.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.803/2017 & CM No.26098/2017 (for stay). GULZAR & ORS ..... Petitioners Through:

Mr. G.S. Sharma with Mr. V.K.

Sharma, Advs.

versus THE ORIENTAL INSURANCE CO LTD ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 31.07.2017 1.

This petition under Article 227 of the Constitution of India impugns the order dated 11th April, 2017 in Execution No.37/15 of the Court of PO, MACT-02, Tis Hazari Courts, Delhi of dismissal of the objections of the petitioners / judgment debtors.

2.

Execution aforesaid is of an Award of the MACT against the petitioners / judgment debtors. The said Award has admittedly attained finality. In execution thereof, objection was filed on the ground that in the prosecution of the petitioners / judgment debtors relating to the same motor vehicle accident, the petitioners / judgment debtors had been acquitted. 3.

The Trial Court has rightly held that the acquittal of the petitioners / judgment debtors cannot be a ground for not executing the Award which had attained finality.

4.

The counsel for the petitioners / judgment debtors on being asked, whether not it is the settled position in law that an order of Criminal Court cannot bind a Civil Court,withdraws this petition and states that he will seek CM(M) No.803/2017

review of the MACT Award under execution.

5.

Dismissed as withdrawn.

6.

If in law the petitioners / judgment debtors are entitled to apply for review, they always have liberty to do so.

No costs.

RAJIV SAHAI ENDLAW, J JULY 31, 2017 'pp'..

CM(M) No.803/2017