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2005 Supreme(J&K) 63

MANSOOR AHMAD MIR
State Of J. &K. – Appellant
Versus
Mohd. Rafi Paswal – Respondent


Advocates Appeared:
Advocate For Appellant: Jawad Hussain Reshi
Advocate For Respondent: Mushtaq Ahmad Dar

1. Aggrieved by the order dated 1st June 2004 passed by Motor Accident Claims Tribunal, Srinagar in the application for setting aside the exparte proceedings presented by the petitioners in the claims Tribunal titled Haji Abdul Aziz Sheikh & Ors. v. Chief Secretary Govt. of J&K and others, the petitioner has presented this revision petition. It is profitable to give the backdrops of the case herein;-

2. It appears that respondents 3 to 6 have filed a claim petition in Motor Accident Claims Tribunal, Srinagar on 1st September 2003. Along side the main petition, the petitioners have also filed application for grant of interim award in terms of Section 140 of Motor Vehicles Act. The exparte proceedings were drawn against the respondents 1, 2, 3 and 5 vide order dated 15th October 2003. However, respondent No. 4, namely, Mohammad Rafiq Paswal has caused appearance. Accordingly, the interim award stands passed.

3. Mr. Reshi has filed an application on behalf of respondents 1 to 3 with the prayer that the exparte proceedings drawn against the said respondents and the interim award passed in exparte be set aside.

4. After hearing the claimants i.e., respondents 3 to 6 and learned counsel for





































































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