1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICTION 688 OF 2008 WITH CIVIL APPLICATION NO.165 OF 2009 Mr. Gulam Mohammed Pira ....Applicant Versus Mr. Pravinkumar Tejram Chodhari ....Respondent Mr. Sandeep K. Shinde for the Applicant. Mrs. S. V. Sonawane for the Respondent. CORAM : R. V. MORE, J. DATE : 10th JUNE, 2009. P.C. : Heard, learned Counsel for the respective parties. 2. Rule. By consent, rule made returnable forthwith. 3. The Applicant is the owner of the vehicle which was involved in an accident in which respondent sustained permanent disability of 100%. The Respondent filed Motor Accident Claim No. 133 of 2004 for compensation under section 166 of the Motor Vehicle Act, 1988 against the Applicant and the learned member of the Motor Accident Claim Tribunal directed the Applicant to pay the amount of Rs.11,92,596/- to the Respondent towards compensation. This award was sought to be executed by the Respondent. The Applicant avoided execution of the award and therefore ultimately, the learned member of 2 the Motor Accident Claim Tribunal issued Arrest Warrant against the Applicant by the order dated 22nd September, 2008. This order is impugned in the Revision. The only submission made by the learned Counsel for the Applicant is that the Arrest Warrant is issued against Applicant without following the provisions of section 51 and Order 21 Rule 37 of the Code of Civil Procedure, 1908. The learned Counsel for the Respondent does not dispute the fact that Applicant was not given notice under the above provisions of the Code of Civil Procedure, 1908. 4. Both the learned Counsel appearing for the respective parties agrees for setting aside the impugned order and remand the matter back to the learned member of the Motor Accident Claim Tribunal to follow the procedure prescribed under section 51 and Order 21 Rule 37 of the Code of Civil Procedure, 1908. 5. In the above facts and circumstance, the impugned order is quashed and set- aside and the matter is remanded back Motor Accident ClaimTribunal. The learned Member of Motor Accident Claim Tribunal shall proceed to execute the award in accordance with the provisions of the Code of Civil Procedure, 1908, especially the provisions of section 51 and Order 21 Rule 37 of the Code of Civil Procedure, 1908. Rule is made absolute in above terms. 6. In view of the disposal of the Civil Revision Application, the Civil Application No. 165 of 2009 will not survive and therefore, the same is disposed of. Sd/- (R. V. MORE, J.)