High Courts

Amar Singh|Cross Objections vs Harchet Singh

Punjab And Haryana At Chandigarh · Decided on 7 December 2009 · Citation: (2010) 1 RCR(Civil) 67601

HON’BLE JUDGES
Rakesh Kumar Garg, J
CASE NUMBER
First Appeal Order No. 5076 of 2008

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Judgment

6 paragraphs · 169 words

Rakesh Kumar Garg, J.

1 this is owner''s appeal challenging the impugned award.

2 This appeal has been filed without depositing a sum of Rs. 25,000/ as envisaged under Section 173 of the Motor Vehicles Act, 1988 . Prayer for granting exemption to the appellant from depositing the aforesaid amount was declined vide order dated 10.11.2009.

3 Amount of Rs. 25,000/ as aforesaid has not been deposited. The right to file an appeal is a statutory right and the same can be exercised as per the statute.

4 The deposit of the aforesaid amount is a prerequisite for maintaining this appeal before this court. Thus, I find that the present appeal filed on behalf of the appellant is not properly constituted and, therefore, is not maintainable. Dismissed.

5 Since the appeal is being dismissed being not maintainable, the cross objections filed on behalf of the respondents do not survive and are dismissed as such. However, the respondentclaimants are free to file an appeal in accordance with law. Appeal dismissed.