Dilip S/O Vishwanath Mane v. Mohamad S/O Rajidden Mohamadmiya Mahidddin

2024:BHC-AUG:10883

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CONT. PETITION NO. 525 OF 2024 IN FA/911/2004 Dilip S/o Vishwanath Mane

VERSUS

Mohamad S/o Rajidden Mohamadmiya Mahidddin ...

Advocate for the Petitioner : Mr. S.N. Morampalle

CORAM

: S. G. CHAPALGAONKAR, J.

Dated : June 14, 2024 PER COURT :- 1.

This proceedings is moved invoking the provisions of Contempt of Courts Act, alleging non-compliance of the order passed by this Court in First Appeal No.911 of 2004 granting compensation in favour of the petitioner under the Provisions of the Motor Vehicles Act.

2.

Apparently, this Court decided the First Appeal No.911 of 2004 and granted enhanced compensation in favour of the original claimants. It is alleged that inspite of the award passed by this Court; only principal amount has been paid and interest part is still be to recovered.

3.

Considering the submissions advanced, apparently, this is a case where the Award passed by the Tribunal and modified by this Court is subject matter. Petitioner is having remedy to file Execution proceedings/Darkhast before the Tribunal/Executive Court. In such circumstances, Contempt Petition cannot be entertained. Hence, Contempt Petition stands rejected.

( S. G. CHAPALGAONKAR, J. ) ...

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