1 S.B. CIVIL WRIT PETITION NO.4415/2007 Smt. Raji Bai vs Smt. Chuni & Ors DATE OF ORDER : - 26.7.2007 HON'BLE MR.PRAKASH TATIA,J. Mr.Vijay Raj Purohit, for the petitioner. <><><> Heard learned counsel for the petitioner. Learned counsel for the petitioner submitted that the ex-parte award was passed by the Workmens' Compensation Commissioner on 27th May, 2005. The petitioner has submitted an application for setting aside the ex parte award, which is pending before the same authority. The petitioner's contention is that petitioner though has submitted the said application under Order 9 Rule 13 CPC as well as under Section 22 of the Workmens' Compensation Act, 1947 in the month of May, 2007 only, but since the recovery proceeding has been initiated, therefore, the Workmens' Compensation Commissioner may be directed to decide the petitioner's application expeditiously. Since the petitioner's request is for getting early decision of the petitioner's application for setting aside ex parte award, therefore, in case the claimants have been served by the petitioner on his application filed under Order 9 Rule 13 CPC then the 2 Workmens' Compensation Commissioner may decide the application expeditiously within a period of two months from today. The petitioner shall supply the copy of the order of this Court to the court of Workmens' Compensation Commissioner, Bhilwara and shall request for early disposal of the application filed under Order 9 Rule 13 CPC. Looking to the totality of the facts of this case, it may be appropriate to stay the recovery proceedings initiated against the petitioner in pursuance of award dated 27th May, 2007 for two months. In case, the application is not decided by the learned Workmens' Compensation Commissioner, Bhilwara within a period of two months, a request for passing appropriate order against the recovery may be made by the petitioner before the learned Workmens' Compensation Commissioner, Bhilwara, who may pass appropriate order after hearing both the parties. This order may not be treated to be an order of extension of period for deciding the application of the petitioner filed under Order 9 Rule 13 CPC beyond three months. Hence, the writ petition of the petitioner is disposed of with above directions. (PRAKASH TATIA), J. c.p.goyal/-