Hon’ble Sudhir Agarwal. J.—Heard Sri Arun Kumar Gupta, learned counsel for petitioner at great length and perused the record.

2. Writ petition is directed against the order dated 20.7.2011 passed by Addl. District Judge, Maharajganj directing for issuance of recovery certificate for recovery of Rs. 6,40,794/- alongwith interest from the petitioner on an application filed by respondent No. 1 under Section 174 of Motor Vehicles Act, 1988 (hereinafter referred to as “1988 Act”).

3. It is not in disputed that in M.A.C.P. No. 101 of 2004 filed by Smt. Jaisrunnisha and another against the petitioner and others, an award was given by Tribunal on 11.12.2008 awarding sum of Rs. 5,03,708/- alongwith interest at the rate of 7%. The Tribunal directed the said amount to be paid by the Insurance Company, respondent No. 1 but also said that respondent No. 1 shall recover the said amount from the owner of the vehicle, i.e. petitioner. Petitioner who was party in the said petition, contested the matter and thereafter the said order was passed. Petitioner filed no appeal within time. It is said that after expiry of period of limitation for filing appeal, petitioner filed F.A.F.O. No. 667 of 20