Civil Rev.3255 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev.3255 of 2008 Date of decision:24.7.2009 M/S Vahid Transport co. and others Petitioner vs Smt. Kayshalya Devi and others Respondent Present Mr. RS Modi, Advocate Mr. ND Achint, Advocate Mr. Gopal Mittal, Advocate Mr. Vivek Singal, Advocate M.M.S.BEDI,J. This petition has been preferred against order dated 21.1.2008 passed by the learned MACT, Gurgaon dismissing the application under Order 9 Rule 13 read with Section 151 CPC filed by the petitioners for setting the aside the Award dated 17.1.2005 passed by Shri VP Gupta, MACT, Gurgaon. Compensation of Rs.1,32,400/- along with interest at the rate of 9% per annum from the date of institution till the date of realization had been awarded to the heirs of Krishan Kumar. While dismissing the application under Order 9 Rule 13 CPC it has been held that the petitioners had been served by the Tribunal at Thane and that they were aware of the transfer petition in the Supreme Court and that they were also aware of the proceedings before the MACT at Gurgaon. After hearing learned counsel for the petitioners at length, it is deemed appropriate in the interest of justice to enable the petitioners to put forth their case and to contest the petition subject to the condition that the Civil Rev.3255 of 2008 2 entire decretal amount of Award be deposited by the petitioners along with interest within a period of one month. Vide interim order dated 30.5.2008, proceedings for recovery were stayed by this court subject to payment of 50% of the amount awarded. It has been informed that the said amount stands deposited. After adjusting the said amount, the remaining amount of the Award along with interest will be deposited by the petitioners with the executing court. However, in the interest of justice, it is ordered that the claimant-respondents will be entitled to disbursement of Rs.2 lacs out of the said amount. The remaining amount will remain deposited with the executing court subject to the final decision of the claim case by the MACT, Gurgaon. The parties are directed to appear before the learned MACT, Gurgaon on 29.8.2009 for further proceedings. It is directed that after securing the presence of the parties, the learned MACT, Gurgaon will decide the claim case within a period of six months as counsel for the petitioners has stated that the petitioners will not take more than two dates of hearing to produce their evidence. It is made clear that the Insurance Company will be entitled to rebut the pleadings and the evidence of the petitioners, placed before the learned MACT, Gurgaon subsequent to passing of this order. With the above observations the revision petition stands disposed of. July 24 ,2009 ( M.M.S.BEDI ) TSM JUDGE