1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4544/2009. : : Ratan Lal Vs. MACT, Beawar & Ors. : : Date of Order 22.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. P. S. Sharma for the petitioner. This writ petition has been filed by the petitioner with the prayer that Motor Accident Claims Tribunal, Beawar may be directed to decide the application under 9 Rule 13 CPC for setting aside the award dated 16.10.2004 passed in claim petition No.254/2004. Learned counsel for the petitioner submitted that notices of aforesaid claim case was sent to petitioner at the wrong address and the notice was returned with the remark that no one by the name of Ratan Lal is residing at the address given. Besides this, petitioner is residing in village Kot, Tehsil Raipur, District Bhilwara, and Raipur tehsil is also in District Pali and this happened because there are two tehsils by the same name of Raipur in District Pali and another in Bhilwara. Butpetitioner is resident of village Kot, 2 Tehsil Raipur, District Bhilwara and notices were sent to Village Kot, Tehsil Raipur, District Pali. The service of notice was presumed only because period of one month expired from the date of sending registered A.D. Notice. Having regard to the facts of the case, no finding as such the aforesaid facts need be given because it might prejudice case of either of the parties in pending application before the Tribunal but the learned counsel further submitted that respondents are insisting on affecting recovery from the petitioner. If that be so and the facts as stated above indicates a prima facie case in favour of petitioner, the petitioner should approach learned Motor Accident Claims Tribunal, Beawar for obtaining interim order for stay on the recovery proceedings. If any such application is made, the same shall be considered by the Tribunal on priority basis. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.89.