CWP No.10653 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10653 of 2009 Date of Decision: 07.07.2010 **** ICICI Lombard General Insurance Co. Ltd. . . . Petitioner VS. Arman Ali and others . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Subhash Goyal, Advocate for the petitioner Mr. S.S. Dinarpur, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the award dated 18.12.2008 (Annexure P1) passed by the Lok Adalat- cum-Motor Accident Claims Tribunal, Rohtak (hereinafter referred to as ‘the Tribunal’). (2). It is averred that on verification it has been found that the insurance policy was tampered with and antedated. On this plea, the petitioner-Company filed an application before the Tribunal. The Tribunal, however, appears to have taken steps for execution of the Award without deciding the petitioner’s above mentioned application. (3). Aggrieved, the petitioner has approached this Court. CWP No.10653 of 2009.doc - 2 – (4). Notice was issued and as per the office report, respondent No.1 has been duly served. However, no one appears on his behalf. (5). Having heard learned counsel for the petitioner, I am of the considered view that though the award dated 18/20th December, 2008 cannot be set aside at this stage, nevertheless, the Tribunal is obligated to decide the petitioner’s application dated 20.02.2009 on merits before it proceeds to execute the subject award. The application shall accordingly be decided after adequate hearing to respondent No.1. The writ petition is allowed in part to the extent that the execution proceedings shall remain stayed till the Tribunal decides the above mentioned application moved by the petitioner in accordance with law, preferably within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 07.07.2010 vishal shonkar