Mohammad Hanief vs Divisional Manager And Anr on 5 April, 2025

Jammu & Kashmir High Court – Srinagar Bench

Mohammad Hanief vs Divisional Manager And Anr on 5 April, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                                 Serial No. 50
                                                                                 Suppl. List
                    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR

                                                     WP(C) No. 752/2025

                Mohammad Hanief
                                                                        ..... Appellant/petitioner(s)
                                                     Through: -
                                              Mr. G. M. Shah, Advocate


                                                            V/S
                Divisional Manager and Anr.
                                                                                ..... Respondent(s)

Through: –

CORAM:

HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
05.04.2025

In the instant petition, petitioner has challenged the orders dated

05.10.2024, 08.11.2024 and 29.11.2024 passed by the Motor Accident

Claims Tribunal, Baramulla in Recovery Petition bearing File No. 02 titled

Divisional Manager, National Insurance Co. Vs. Muzaffar Hussain Abasi

and Anr.

It is stated by learned counsel for the petitioner that the petitioner had

filed an application under Order 9 Rule 13 CPC for setting aside the exparte

award passed against him, but despite that the impugned orders have been

passed inasmuch the, warrants of arrest have been issued against him in the

execution petition. Learned counsel further submits that on 23.05.2016, the

execution petition was kept subject to outcome of application seeking setting

aside of exparte decree.

Notice to the respondent No. 1, returnable within four weeks.

Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
In the meantime, subject to objections of other side and till next date

of hearing before the Bench, the proceedings before the Executing Court of

Motor Accident Claims Tribunal, Baramulla are stayed, subject to deposition

of awarded amount to the tune of Rs. 3,93,816/- before the Court of

Principal District Judge MACT, Baramulla within a period of three weeks

from the date of passing of this order, in default of the deposition of the

amount aforesaid, the interim order passed today by this Court shall be

treated to be inoperative. The Court of Principle District Judge MACT,

Baramulla is requested not to release the said amount till further orders from

this Court.

List on 16.05.2025.

(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
05.04.2025
“Mohammad Yasin Dar”

Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document