FAO No.4979 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4979 of 2009 Date of Decision. 12.07.2010 Janta Sewak Tourist Bus Service registered office Samrala District Ludhiana through its Managing Director (owner of bus No.PB-23-B- 4811) and another .........Appellants Versus Charanjit Kaur widow of Paramjit Singh son of Atma Singh and others .......Respondents Present: Mr. Ravish Bansal, Advocate for Mr. Ashok Singla, Advocate for the appellants. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The appeal is by the owner and driver against an ex parte award. The petitioner states that he has failed an application to set aside the ex parte award before the Tribunal and it is pending. He, therefore, seeks for adjournment of case sine die. 2. While there is no bar against preferring an appeal against an ex parte order or decree, the proceedings cannot be done simultaneously when there is an application filed for setting aside an ex parte award. The petitioner is bound to make an election. If he would want to pursue the remedy before the Tribunal in his application for setting aside the award, then he cannot treat the ex FAO No.4979 of 2009 -2- parte appeal as open to challenge in a regular appeal. However, this shall not have any bearing to the merits of contention, which he seeks to urge in his application alleged to have been filed before the Tribunal for setting aside the ex parte order. 3. The appeal is dismissed in limine for non-maintainability when there is also an application pending for setting aside the ex parte award. (K. KANNAN) JUDGE July 12, 2010 Pankaj*