C.R. No. 3978 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 3978 of 2009 Date of Decision : 6.1.2010 Sudhir Kumar .......... Petitioner Versus Smt. Omwati & Others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. S.K. Redhu, Advocate for the petitioner. Mr. Vipin Yadav, Advocate for respondents No.1 & 2. Mr. D.P. Gupta, Advocate for respondent No.3-Insurance Company. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 21.3.2009 passed by the learned Motor Accident Claims Tribunal, Rohtak vide which the application moved by the petitioner for setting aside the ex parte order dated 3.5.2008 has been ordered to be dismissed. The petitioner is a judgment debtor against whom the Insurance Company has filed an execution application for recovery of amount paid by the Insurance Company to the claimants to satisfy the award of the learned Motor Accident Claims Tribunal. The petitioner evaded service and, therefore, was ordered to be served by way of substituted served. After notice, Shri Rakesh Kumar, Advocate, Rohtak appeared on his behalf, thereafter he failed to appear and C.R. No. 3978 of 2009 2 accordingly the petitioner was ordered to be proceeded against ex parte. The petitioner thereafter moved application for setting aside ex parte order. The learned Motor Accident Claims Tribunal recorded a positive finding, that the petitioner was served and had chosen not to appear in spite of service. However, petitioner has been permitted to join the proceedings from the stage when he put in appearance. The order passed is in consonance with settled law, which does not call for any interference by this Court in exercise of revisional jurisdiction under Article 227 of the Constitution of India. No merit. Dismissed. 6.1.2010 ( VINOD K. SHARMA ) 'sp' JUDGE