MACP
4 years ago
After final judgment, Court approved Rs 12,00,000 claim in March 2019, But Our Lawyer Still not able Process for deposit money in our A/c, He said court has not order for payment, Can you please advise me what should we do?
Naveen Nimmala
Responded 3 years ago
A.Hi
In all the MACT cases the courts will direct the respondents to pay compensation with in 30 days to 3 months depending on the range of compensation.
And aggreived respondent may approach the high court on the lower courts order by filling an appeal by depositing Rs.25,000/- amount in lower court.
After numbering of the appeal the highcourt issue notices to you stating to appear you or your counsel in the matter. And in some cases high court grants stay by directing the respondents to deposit 50% amount within 6-8weeks.
Even after said period they failed to deposit, you may file EP aganist them by attaching bank account of insurance company or properties of owners or any other respondents on against who the lower court passed decree.
So, first consult your lawyer and ask wheather respondents preferred appeal or not. If not you may file EP. If they filed appeal you have to wait as per highcourt order.
After depositing amount, you have to file cheque petition for withdrawal of amount before MACT and after court allows you will credited the said amount into your bank account.
In all the MACT cases the courts will direct the respondents to pay compensation with in 30 days to 3 months depending on the range of compensation.
And aggreived respondent may approach the high court on the lower courts order by filling an appeal by depositing Rs.25,000/- amount in lower court.
After numbering of the appeal the highcourt issue notices to you stating to appear you or your counsel in the matter. And in some cases high court grants stay by directing the respondents to deposit 50% amount within 6-8weeks.
Even after said period they failed to deposit, you may file EP aganist them by attaching bank account of insurance company or properties of owners or any other respondents on against who the lower court passed decree.
So, first consult your lawyer and ask wheather respondents preferred appeal or not. If not you may file EP. If they filed appeal you have to wait as per highcourt order.
After depositing amount, you have to file cheque petition for withdrawal of amount before MACT and after court allows you will credited the said amount into your bank account.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Vinod,
I hope you are doing good.
As per the description seems the court has allowed 12L as compensation. In the order, they must be given a time period like within how many days the amount needs to deposit ( probably 30 to 45 days) thereafter the interest rate, etc... Please ask your lawyer to keep an eye on the treasury for the deposit of the ordered amount and also to file a caveat petition before higher court to avoid any ex-party stay.
After the lapse of the given period, ask your counsel to file an execution petition to issue warrant, property attachment etc,
I hope you are doing good.
As per the description seems the court has allowed 12L as compensation. In the order, they must be given a time period like within how many days the amount needs to deposit ( probably 30 to 45 days) thereafter the interest rate, etc... Please ask your lawyer to keep an eye on the treasury for the deposit of the ordered amount and also to file a caveat petition before higher court to avoid any ex-party stay.
After the lapse of the given period, ask your counsel to file an execution petition to issue warrant, property attachment etc,
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Shreyash Mohta
Responded 4 years ago
A.Please go ahead and file an execution proceeding for compliance of the order and execution of the same. If the order is not complied with 30 days later.
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A.Dear Sir,
After that if amount is not deposited there is a process called filing execution petition before the same Court.
After that if amount is not deposited there is a process called filing execution petition before the same Court.
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