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2021 Supreme(UK) 353
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
S.K.Mishra, J.
Amtuls Public School - Appellant
Versus
Leela And Other - Respondent
Writ Petition (M/S) 2765 of 2021
Decided On : 22-12-2021
T.A. Khan, Advocate, Ravi Shankar Kandpal, Advocate, Yogesh Pande, Advocate
The court's decision was based on the principle that if a Special Leave Petition has been preferred before the Supreme Court assailing the order sought to be executed, the Tribunal should consider it and pass an appropriate order if there is a valid ground in favor of the petitioner.
Headnote:
Stay Order - Motor Accident Claims Tribunal - The court allowed the withdrawal of the writ application with liberty to the petitioner to bring to the notice of the Tribunal that a Special Leave Petition has been preferred before the Supreme Court, assailing the order sought to be executed against the petitioner. If there is a valid ground in favor of the petitioner, appropriate order shall be passed by the Tribunal.
Fact of the Case:
The petitioner's school filed a Special Leave Petition before the Supreme Court against the order passed by the Motor Accident Claims Tribunal. The petitioner sought time to obtain a stay order, which was rejected by the Tribunal.
Finding of the Court:
The court allowed the withdrawal of the writ application with liberty to the petitioner to bring it to the notice of the Tribunal that an SLP has been preferred before the Supreme Court. If there is a valid ground in favor of the petitioner, appropriate order shall be passed by the Tribunal.
Issues: The main issue was the rejection of the petitioner's request for a stay order by the Motor Accident Claims Tribunal.
Ratio Decidendi: The court's decision was influenced by the fact that the impugned order did not reflect that the submission regarding the Special Leave Petition was raised before the Tribunal. The court allowed the withdrawal of the writ application with the liberty to the petitioner to bring the SLP to the notice of the Tribunal.
Final Decision: The writ application was dismissed as withdrawn, and no costs were awarded. The court granted an urgent certified copy of the order to the petitioner's counsel.
JUDGMENT
S.K. Mishra, J. - Heard Mr. T. A. Khan, learned Senior Counsel for the petitioner and Mr. Yogesh Pande, learned Additional Chief Standing Counsel for the State.
2. Learned Senior Counsel appearing for the writ applicant submits that the petitioner's school has filed a Special Leave Petition before the Hon'ble Supreme Court against the order passed in AO No. 88 of 2008, and he has been granted a diary number 30544 of 2021 and further, the petitioner seeks some time to obtain an order of stay. However, the petition has been rejected by the learned Motor Accident Claims Tribunal, but the impugned order does not reflect that actually such a submission was raised before the Tribunal.
3. In that view of the matter, the writ application is allowed to be withdrawn with a liberty to the petitioner to bring it to the notice of the learned Tribunal that an SLP has been preferred before the Hon'ble Supreme Court assailing the order that is sought to be executed against the petitioner at present. In such an event, the application shall be considered and if there is a valid ground in favour of the petitioner, appropriate order shall be passed by the learned Tribunal.
4. The writ application is dismissed as withdrawn.
5. There shall be no order as to the costs.
6. Urgent certified copy of this order be granted to the learned counsel for the petitioner today itself on proper application.
