KBP 2012-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2012 OF 2009 Mukesh Premraj Mandot ..Petitioner Vs. Smt.Parvati Kisan Kharade and ors. ..Respondents ....... Mr.Milind Deshmukh, for petitioner. Mr.Rahul Kadam, for respondents. ....... CORAM : A.S.OKA, J. DATE : 18 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] An application was made by the petitioner for setting aside an award made in Claim Petition under Section 166 of the Motor Vehicles Act, 1988. The said application has been dismissed for non prosecution. An application made by the petitioner for restoration of the said application is pending. In the meanwhile, the award was put to execution. The challenge in this Writ Petition under Article 227 of the Constitution of India is to the order dated 16 th January, 2009 passed by the learned Member of the Motor Accident Claims Tribunal in execution application, by which a warrant of attachment was ordered to be re-issued. The learned Counsel for the original claimant is also unable to state as to which property was sought to be attached. KBP 2012-09.sxw 2 3] The application for restoration of the application for setting aside the award is pending. Hence, this writ petition can be disposed by directing that in the said application no further steps shall be taken on the basis of the impugned order. After the said application is decided, the parties can adopt the appropriate proceedings. 4] Writ Petition is disposed of by directing that till the application made by the petitioner for restoration of the application praying for setting aside the ex- parte award is pending, no further steps shall be taken on the basis of the impugned order dated 16 th January, 2009. The application for restoration shall be expeditiously disposed of and, in any event, on or before 30 th November, 2009. All contentions of the parties are expressly kept open. ( A.S.OKA, J. )