1 fa st 24812.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL STAMP NO. 24812 OF 2010 United India Insurance Company Ltd. .. Appellant Versus Sangita Mukund Shinde and another .. Respondents Shri S. V. Kulkarni, Advocate for the Appellant. Shri D. R. Jayabhar, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 21ST APRIL, 2011. PER COURT : . Heard the learned counsel for the parties. The Insurance Company has impugned order passed U/Sec. 140 of the Motor Vehicles Act. Shri Kulkarni, the learned counsel for the appellant submits that in fact, the cheque issued towards the payment of premium itself was dishonoured. There was no policy in existence. So no order could have been passed against the Insurance Company for making payment U/Sec. 140 of the Motor Vehicles Act. 2 fa st 24812.10 2. Shri Jayabhar, the learned counsel supports the order passed by the Tribunal and contends that the policy was issued which pre-supposes that the premium was paid. At this stage only the prima facie consideration is required to be seen and Court has taken into consideration that aspect. 3. No doubt, at this stage U/Sec. 140 of the Motor Vehicles Act, the Tribunal has to be prima facie satisfied. It is pointed out that though the policy is issued on 14.12.2008 and was effective till 13.12.2009. The Insurance company had already intimated about the dishonour of the cheque prior in point of time. All these issues would be contentious issues which would require evidence to be adduced. It will be in nobodies interest to keep the matter pending. At this stage as the proceedings U/Sec. 166 of the M. V. Act are still pending, it would be in the fitness of thing to direct the Tribunal to decide the proceedings U/Sec. 166 of the M. V. Act as expeditiously as possible. 3. In the result without going into the merits of the matter, I direct that the amount which is deposited by the Insurance Company pursuant to the orders passed by the Tribunal and this Court, the said amount be transmitted to the Tribunal who shall 3 fa st 24812.10 keep the said amount in the fixed deposit of any nationalized bank. The Tribunal shall decide the proceedings U/Sec. 166 of the M. V. Act as expeditiously as possible preferably within a period of six months. The amount of Rs. 50,000/- which is deposited by the Insurance Company shall be directed to be adjusted as per the final award that may be passed by the Tribunal. The first appeal is accordingly disposed off, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/April 11