DAVENDRA SINGH Vs. SUKHRANI

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record of the case.

(2.) F .A.F.0.2370 of 2003 has been filed by the appellant against the judgment and award dated 30.5.2003 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Kanpur Nagar, in Motor Accident Claims Petition No. 581 of 2000, Sukhrani v. Devendra Singh on 30.5.2003. This appeal was admitted and an interim stay order was passed staying operation of the aforementioned b impugned judgment and award dated 30.5.2003, inter alia, with the conditions that the appellant shall deposit entire amount of compensation with the concerned Motor Accident Claims Tribunal within eight weeks from that day and the claimants shall be entitled to withdraw 50% of the total amount under award in question without furnishing security and the balance 50% of the amount only on furnishing security other than cash or bank guarantee on being so deposed by the appellant. It was also specifically provided in the said interim stay order that in case of default of any of the terms and conditions, the interim order shall automatically lapse and appeal shall be deemed to be dismissed for non-prosecution.

(3.) CONSIDERING the aforementioned circumstances of the instant case particularly uncontroverted averments made in paras 2 and 3 of the counter-affidavit I am of the view that the appellant has failed to comply with the directions issued by this Court in the order dated 3.9.2003 in which it has been specifically provided that in case of default of any of the terms and conditions, the interim order shall automatically lapse and appeal shall be deemed to be dismissed for non-prosecution.