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BEFORE THE MOTOR ACCIDENT CLAIMS

TRIBUNAL, BATHINDA

Gurdeep Kaur & Others

……Petitioners
VERSUS

Balwinder Singh ( J.D. ) & Another

…..Respondent

EXECUTION APPLICATION

REPLY/OBJECTION by J.D. No.2

RESPECTFULLY SHOWETH

1. That the execution application is not

maintainable in view of the 03.04.2015 between
Gurdeep Kaur and Inderjeet Singh ( J.D. No.2 ) vide
which Rs.6,75,000/- was paid to the D.H. and the
remaining Rs.25000/- pending deposited in Hon’ble
High Court while filing FAO No. 4304 of 2013 was to
be got refunded or withdrawn by the D.H.

2. That the J.D. No.2 provided photocopy of

Bankers Cheque and receipt of Rs.25000/- pending
deposited in Hon’ble High Court, as per the
agreement that the J.D. will assist to D.H. to
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withdraw the amount, But astonishingly the D.H.

has not moved any application before the Hon’ble
High Court while filing FAO No. 4304 of 2013 ( O&M
) It is only DH who is competent to withdraw the
amount. As far as assistance is concerned J.D. had
provided detail of Banker’s Cheque and photocopy
of receipt of Hon’ble High Court. Now in case the DH
has himself not moved before the Hon’ble High
Court then there is no fault of J.D. and J.D. cannot
be penalized for the same. In view of this the
instant execution application is liable to be
dismissed with heavy costs.

Para wise Reply :-

1. That the Para No.1 of the application is

matter of record.
2. That the Para No.2 of the application is
matter of record.
3. That the Para No.3 of the application is
matter of record.
4. Para of the application is correct.
5. That the contents of Para No.5 of the
application are correct. Payment has been
made by J.D. No.2 only.
6. That the contents of the Para No.6 of the
application are submitted.
7. That the contents of the Para No.7 of the
application are incorrect. Nothing remains
recoverable from J.D. , Infact as explained in
preliminary submissions Rs.25,000/- stands
deposited in Hon’ble High Court of Punjab &
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Haryana at Chandigarh since 23.08.2013. As

per Agreement/Compromise between parties
the amount was to be withdrawn by the D.H.
from Hon’ble High Court and J.D. was to
assist only. Now J.D. has provided all details
to the D.H. but D.H. is not taking any steps to
withdraw the amount. Hence the instant
execution is liable to be dismissed. Since
amount stands deposited since 2013 so there
is no question of award of interest on this
payment by this Hon’ble Court.
8. That the contents of Para No. 8 of the
application is correct.
9. That the contents of Para No. 9 of the
application are correct being matter of record.
10. That in reply to Para No. 10 of the
application it is submitted that in view of
Preliminary submissions , the execution
application is liable to be dismissed with
costs. There is no need to sale any property of
J.D.

Reply of Brief Facts :

That in reply to this the averments made in
preliminary submissions may kindly be read as
reply of this Para.

It is therefore prayed that the instant

application may kindly be dismissed.
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Place: Bathinda Submitted by :

Dated: 12.12.2022 J.D. No.2

Verification :

Verified that the contents of my above written

reply are true and correct as per my knowledge
and belief.

Place : Bathinda
Dated : 12.12.2022 J.D. No.2
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