MEMUNABEN IRFAN SATTAR CHAKDA Vs. AHMED ABDULLAMAJID KALU

JUDGEMENT

(1.) The prayer is made to quash and set aside the order dtd. 22/8/2022 passed in Misc. Civil Application No.46 of 2020 in MACP No.1861 of 2007 by the Court of 5th Additional District Judge, Godhra, whereby the prayer for condonation of delay came to be rejected and the application was dismissed.

(2.) The learned Tribunal while rejecting the application, has observed about MACP No.1409 of 2007 filed by the wife of the deceased, Shabana @ Sabnur Irfan Sattar, which was decided on merits on 12/5/2017, and the Insurance Company having paid the money according to the order of the Tribunal. The learned Tribunal has also referred to the compromise deed dtd. 2/9/2018 between the present applicant no.1 - Memunaben D/o Imaam Hussain Malek and Shabana @ Sabnur Irfan Sattar i.e. wife of the deceased, and accordingly lumpsum amount of compensation of Rs.57,000.00 was agreed by both the parties. The learned Tribunal has observed that, on that ground, MACP No.1861 of 2007 was dismissed, as the said application was filed without any valid reason, and, therefore application for condonation of delay was dismissed.

(3.) Copy of orders of all the concerned matters are produced on record. The order below Exhibit-1 in MACP No.1861 of 2007, appears to have been dismissed on the ground that the parties were not interested in proceeding with the matter. The copy of the settlement deed between applicant no.1 - Memunaben D/o Imaam Hussain Malek and Shabana @ Sabnur Irfan Sattar is on record, which makes a reference of both the MACPs, and accordingly they had agreed of not taking any judgment/award in connection to MACP No.1861 of 2007, and had agreed to withdraw the application; further, had also observed that the matter would be disposed in the Court and they would not prefer any restoration application.