- Bookmark
- Share
- CaseIQ
Managing Director, Thanthai Periyar Transport Corporation v. Karthiyayini
Legal Opinion Summary — Abdul Hadi, J.
Factual and Procedural Background
These matters are three civil miscellaneous petitions heard together because they raise a common question of law. Each petition sought an interim stay of further proceedings pursuant to Awards passed by Motor Accidents Claims Tribunals in three different Motor Accidents Claims Original Petitions. The stay applications were brought pending disposal of three separate civil miscellaneous petitions seeking condonation of delay in filing the corresponding Civil Miscellaneous Appeals against those Awards. The central procedural/legal issue identified was whether these stay petitions are maintainable in light of Order 41, Rule 3A(3) of the Code of Civil Procedure (CPC), i.e., whether O.41, R.3A of the CPC applies to appeals to the High Court under Section 110-D of the Motor Vehicles Act, 1939 (and its counterpart Section 173 of the Motor Vehicles Act, 1988).
Legal Issues Presented
- Whether Order 41, Rule 3A(3) CPC applies to appeals filed in the High Court under Section 110-D of the Motor Vehicles Act, 1939 (and Section 173 of the Motor Vehicles Act, 1988).
- Whether stay petitions seeking to stay execution of Awards of Motor Accidents Claims Tribunals are maintainable while an application for condonation of delay in filing an appeal is pending, in the face of O.41, R.3A(3) CPC.
Arguments of the Parties
Petitioners' Arguments
- The provisions of O.41, R.3A CPC do not apply to appeals under the Motor Vehicles Act (i.e., S.110-D of the 1939 Act or S.173 of the 1988 Act); accordingly, the stay applications should be maintainable.
- Counsel for the petitioners relied on several authorities (listed below) to support the contention that O.41, R.3A is not applicable to such appeals.
- One petitioner’s counsel further contended that O.41, R.3A(1) confers an additional right to seek condonation of delay (separate from Section 5 of the Limitation Act) and that R.3A(3) would apply only when Section 5 of the Limitation Act is invoked. This contention was supported by reliance on Nirmala Chaudhary v. Bisheshar Lal and State of Assam v. Gobinda Chandra Paul.
Respondent / Court-facing Arguments
The opinion records the petitioners' submissions and then addresses them in detailed legal analysis; specific adversary arguments (i.e., affirmative arguments advanced by respondents opposing stays) are not separately detailed in the text.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Gouse Bi v. Salima Bi (87 L.W. 171 D.B.) | Relied upon by petitioners to support the contention that O.41, R.3A CPC does not apply to appeals under the Motor Vehicles Act. | The Court noted this decision was relied upon but considered the body of authorities and concluded the petitioners' contention was not supported. |
| National Insurance Co. Ltd. v. V. Vasantha (1987 A.C.J. 887 (Madras) = 100 L.W. 683 D.B.) | Relied upon by petitioners to argue that certain provisions of O.41 CPC are not applicable to appeals under the Motor Vehicles Act. | The Court observed that the decision did not support the petitioners' contention; it held that O.41 R.33 (and similar provisions) can be invoked and that the particular facts in that case did not warrant applying the rule. |
| Madras Motor and General Insurance Co. Ltd. v. Kattanreddi Subbareddy (1975 ACJ 95 A.P.) | Referred to by petitioners (and in the opinion) as an authority; the Andhra Pradesh decision contained an observation suggesting not all CPC provisions automatically apply when an appeal reaches the High Court. | The Court examined that observation and found it incorrect as a general proposition; it held that the Andhra Pradesh Court had misread the earlier Full Bench decision (Rajagopala Chettiar) and that the observation was contrary to Supreme Court and Privy Council decisions. |
| R. Govindarajulu Naidu v. S. Dharman (Govindarajulu Naidu v. Dharman) (1986 ACJ 178 = 97 L.W. 606) | Holds that where statute directs an appeal to the High Court without prescribing procedure, the High Court should exercise its ordinary appellate powers and apply its normal practice and procedure (i.e., provisions of CPC apply). | The Court relied on this authority to reject the petitioners' narrow reading of "trappings" and to support the proposition that all relevant provisions of the CPC (including O.41 R.3A) apply to appeals under the Motor Vehicles Act. |
| Nirmala Chaudhary v. Bisheshar Lal (AIR 1979 Delhi 26) | Decision noted for the proposition (as read by petitioners) that O.41 R.3A gives an additional right to claim condonation of delay when presenting an appeal. | The Court declined to adopt that view. It held that O.41 R.3A was inserted to prescribe procedure for determining limitation at admission stage and does not create a substantive additional right separate from the Limitation Act; condonation remains a matter for the Court to allow on sufficient cause. |
| State of Assam v. Gobinda Chandra Paul (AIR 1991 Gauhati 104) | Relied upon by petitioners to suggest R.3A is in addition to Section 5 of the Limitation Act. | The Court explicitly rejected that interpretation and stated that R.3A does not confer a substantive additional right to condone delay beyond the Limitation Act. |
| Union Co-operative Insurance Society Ltd. v. Lazarammal (AIR 1974 Madras 379 (D.B.) = 87 L.W. 322) | Holds that once an appeal under S.110-D is entertained by the High Court, all Rules in the Civil Procedure Code apply (e.g., O.41 R.22 permitting cross-objections). | The Court relied on this decision as authority that CPC provisions apply to appeals under the Motor Vehicles Act and used it to support the applicability of O.41 provisions. |
| Kullappan v. Meenakshi (AIR 1982 Madras 176 = 95 L.W. 6) | Applied O.41 R.27(1)(b) CPC (powers to receive additional evidence) in an appeal under S.110-D of the Motor Vehicles Act. | The Court cited this decision as further support that ordinary provisions and powers under the CPC apply to appeals under the Motor Vehicles Act. |
| Rajagopala Chettiar v. Hindu Religious Endowments Board (AIR 1934 Madras 103 (F.B.)) | Originally considered by Andhra Pradesh Court in support of a narrow proposition; the decision actually concerned whether an order by a District Judge on a particular application could be a "decree" appealable to the High Court. | The Court held that the Full Bench decision does not lay down the broad proposition relied upon by the Andhra Pradesh Court and cannot support that general rule; it rejected the contrary reading. |
| National Sewing Thread Co. Ltd. v. James Chadwick and Brothers Ltd. (AIR 1953 SC 357) | Establishes the well-settled rule: where a statute directs an appeal to an already established court, the appeal must be regulated by the practice and procedure of that court (i.e., ordinary incidents of procedure attach). | The Court relied on this Supreme Court authority (and the Viscount Haldane passage it quotes) as a foundational principle to hold that CPC practice and procedure apply to appeals under the Motor Vehicles Act. |
| National Telephone Co. Ltd. v. Post Master General (1913) AC 546 (Viscount Haldane L.C.) | Quoted (via National Sewing Thread) for the proposition that appeals to an established court import the ordinary incidents of that court's procedure. | The quote is used as underlying authority for the principle that an established court's practice and procedure govern appeals directed to it by statute. |
| Collector, Voronosi v. Gouri Shanker (AIR 1968 SC 384) | Reiterates the principle that where statute directs appeal to the High Court without prescribing procedure, the appeal must be determined according to the High Court's rules/practice/procedure. | The Court cited this Supreme Court decision in support of applying CPC practice to appeals under the Motor Vehicles Act. |
| K. Chandrashekara Naik v. Narayana (AIR 1975 Karnataka 18) | Full Bench of Karnataka held that in appeals under S.110-D cross-objections are maintainable under O.41 R.22 CPC. | The Court noted this decision as consistent with the proposition that CPC provisions (including cross-objection rules) apply to Motor Vehicles Act appeals. |
Court's Reasoning and Analysis
The Court proceeded by identifying the relevant statutory provisions and then applying principles of appellate practice.
- Statutory framework: The Court set out S.110-D of the Motor Vehicles Act, 1939 (and its counterpart S.173 of the Motor Vehicles Act, 1988), noting both provisions provide for an appeal to the High Court and contain provisos regarding condonation of delay and monetary thresholds. The Court observed that neither the Act nor the rules prescribe any special procedure for such appeals to the High Court (para 14).
- Principle of applicability of the CPC: The Court reviewed established precedent (including its own decisions and Supreme Court authority) to state the settled legal principle that when an appeal is directed to an already established court and no special procedure is prescribed, the appeal is to be regulated by the practice and procedure of that court — i.e., the provisions of the Civil Procedure Code apply (paras 15–16, 19, 26–30).
- Examination of authorities: The Court considered the decisions cited by petitioners. It held that several decisions relied upon did not support the petitioners' contention that O.41, R.3A CPC was inapplicable. The Court explained that earlier observations in an Andhra Pradesh decision (1975 ACJ 95 A.P.) had misread Rajagopala Chettiar (AIR 1934 Madras 103) and were inconsistent with Supreme Court/Privy Council decisions (paras 24–25).
- Construction of O.41, R.3A: The Court analysed the purpose and effect of O.41, R.3A CPC (inserted by the Amending Act, 1976). It held that R.3A was intended to prescribe a procedure for determining questions of limitation at the stage of admission of an appeal and does not itself create or enlarge substantive rights to condone delay beyond the Limitation Act. Condonation is not a matter of right; an appellant must satisfy the court of sufficient cause for the delay (para 35).
- Integration of conclusions: Because earlier decisions establish that O.41 (including Rrs.22, 27 and 33) apply to appeals under S.110-D/S.173, the Court saw no reason to exclude R.3A. Applying O.41 R.3A(3) specifically, the Court observed that where an application has been made under sub-rule (1), the Court shall not make an order staying execution of the decree (or award) while the court has not, after hearing under R.11, decided to admit the appeal (paras 2–6).
- Outcome of analysis: On the basis of the foregoing, the Court concluded that stay petitions impugning execution of Awards pending consideration of applications for condonation of delay are not maintainable in view of O.41, R.3A(3) CPC (para 9 and concluding paragraph).
Holding and Implications
Holding:
The Civil Miscellaneous Petitions are not maintainable in view of Order 41, Rule 3A(3) of the Code of Civil Procedure, and accordingly the petitions are dismissed.
Immediate consequences and practical implications (as stated in the opinion):
- The Court held that appeals to the High Court under S.110-D of the Motor Vehicles Act, 1939 (and S.173 of the Motor Vehicles Act, 1988) are governed by the practice and procedure of the High Court; therefore, relevant provisions of the CPC (including O.41 and its rules) apply.
- Pursuant to O.41, R.3A(3) CPC, when an application for condonation of delay is filed under O.41 R.3A(1), the Court shall not grant a stay of execution of the award until, after hearing under R.11, the Court admits the appeal for being heard. Thus, the interim stay applications in these matters were held to be not maintainable and were dismissed.
- The Court rejected the submission that O.41 R.3A confers any substantive additional right to seek condonation beyond what is available under the Limitation Act; R.3A prescribes procedure for admission-stage consideration of limitation questions.
Note: This summary is strictly confined to the content and reasoning as presented in the provided opinion. No facts, arguments, or consequences beyond those expressly contained in the opinion have been added.
RR/VCS.
Abdul Hadi, J.
In all these civil miscellaneous petitions one common question of law is involved and hence they are disposed of together. These civil miscellaneous petitions are for stay of all further proceedings pursuant to the Awards passed by the Motor Accidents Claims Tribunals in three different Motor Accidents Claims Original Petitions, pending disposal of three different civil Miscellanous Petitions for excusing the delay in filing the respective Civil Miscellanous Appeal against the Awards passed in respective Motor Accidents Claims Original Petition. The question is whether these stay petitions are maintainable in the teeth of O. 41, R. 3A(3) of the Code of Civil Procedure, in other words, whether O. 41, R. 3A of the Code of Civil Procedure is applicable to such Civil Miscellaneous Appeals filed in this Court under S. 110-D Motor Vehicles Act, 1939 or under S. 173 of the Motor Vehicles Act, 1988.
2. Order 41 Rule 3A(1) reads as follows:—
“When an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the court that he had sufficent cause for not prefering the appeal within such period.”
Order 41, Rule 3A(3) runs as follows:—
“Where an application has been made under sub-rule (1), the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.”
Thus, where in an appeal arising out of a regular suit, there is delay in filing the said appeal and an application is filed for excusing the said delay, the abovesaid sub-rule (3) of O. 41, R. 3A, C.P.C precludes the Court from granting an interim stay for execution of decree, until the Court, after hearing under R. 11 of O. 41, C.P.C, admits the appeal for being heard. Therefore, in short, the question to be decided is, whether the same Rule would apply when an appeal is filed against the Award passed by the Motor Accidents Claims Tribunals under the Motor Vehicles Act.
3. Respective learned Counsel in the above Civil Miscellaneous Peititions made the following submission:— The provisions of O. 41, R. 3A, C.P.C will not apply to the abovesaid appeal under the Motor Vehicles Act. The decisions in Gouse Bi v. Salima Bi (87 L.W 171 (D.B)), National Insurance Co. Ltd. v. V. Vasantha (1987 A.C.J 887 (Madras) = 100 L.W 683 D.B), Madras Motor and General Insurance Co. Ltd. v. Kattanreddi Subbareddy (1975 ACJ 95 A.P) R. Govindarajulu Naidu v. S. Dharman 1986 ACJ 178 (Madras) = 97 L.W 606 D.B), Nirmala Chaudhary v. Bisheshar Lal (AIR 1979 Delhi 26) and State of Assam v. Gobinda Chandra Paul (AIR 1991 Gauhati 104) were relied on by them.
4. We have considered the abovesaid submission. We may first of all state the relevant provisions under which such appeals are filed under the Motor Vehicles Act against the Awards passed by the Motor Accidents Claims Tribunal. Under the old Motor Vehicles Act, 1939, S. 110-D is the relevant provision, which runs as follows:—
“Appeals: (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of award, prefer an appeal to the High Court:
Provided that the High Court may entertain the appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any award of a Claim Tribunal, if the amount in dispute in the appeal is less than two thousand rupees.”
The corresponding Section in the Motor Vehicles Act, 1988 is
S. 173. There is no difference between the two provisions except the following:—
(1) Under S. 173 of the New Act, there is one more proviso in Cl. (1), by which it is provided that such an appeal shall not be entertained unless the appellant deposits Rs. 25,000/- or 50% of the amount so awarded, whichever is less, in the manner directed by the High Court. (2) Under the present S. 173(2), if the Award amount in dispute is less than Rs. 10,000/- no appeal shall lie. (The provision under the old Act was Rs. 2,000/- instead of the abovesaid Rs. 10,000/-). Anyway, apart from what is stated above, no other procedure relating to the abovesaid appeal to the High Court has been provided in the Motor Vehilces ‘Act or the Rules framed thereunder. Particular mention may also be made that even with references to the power of granting stay of execution of the Award, pending an appeal which has been filed in time, nothing has been specifically provided for, under the abovesaid Act or the Rules thereunder and it is needless to say that the High Court, when it grants stay in such an appeal under the Motor Vehicles Act, grants stay only pursuant to O. 41, R. 5 C.P.C
5. Further, it is by now well settled that once the matter reaches the High ‘Court, all provisions of Civil Procedure Code would be applicable and the High Court in dealing with such appeals, is not in the position of a Special Tribunal, but hears the matter as the Original Appellate Court and hence the provisions of Civil Procedure Code are applicable before it. A Bench of this Court has also held so in Union Co-operative Insurance Society Ltd. v. Lazarammal (AIR 1974 Madras 379 (D.B) = 87 L.W 322). In the said decision, this Court was considering whether cross-objections could be filed under O. 41, R. 22 C.P.C in the appeal filed to this Court against the Award passed by the Motor Accidents Claims Tribunal. There, this Court observed thus:—
“As we pointed out earlier, S. 110-D of the Motor Vehicles Act contemplates an appeal to the High Court. Once an appeal is entertained by this Court, all the Rules in the Civil Procedure Code would be applicable, to such an appeal, in as much as no other procedure is prescribed under the said Act. That means, O. 41, R. 22, C.P Code would be applicable and the respondent in an appeal would be entitled to present a Memorandum of Cross-objections as provided under the said Rules.”
5A. Another Division Bench of this Court in Kullappan v. Meenakshi (AIR 1982 Madras 176 = 95 L.W 6) also applied O. 41. R. 27 (1)(b) C.P.C in the appeal under S. 110-D of the Motor Vehicles Act. The relevant observation there is as follows:—
“We therefore, receive the said document as additional evidence invoking the power under O. 41, R. 27 (1)(b), C.P Code, and mark the said policy in the appeals as Ex. R-3.”
5B. Even the decsion in Govindarajulu Naidu v. Dharman (1986 ACJ 178 = 97 L.W 606) referred to above as cited by counsel has held in the same way. Actually, the said decisions does not support the contention of the petitioners' Counsel. There, the question was whether O. 44, R. 1, C.P.C is applicable to an appeal against the Award by the Claims Tribunal. Answering the said question in the affirmative, this court observed as follows:—
“This Court is not constituted as a Special Tribunal to hear appeals under the Act. S. 10-D merely states that any person aggrieved by an award of the Claims Tribunal may within the time prescribed prefer an appeal to the High Court, and the matter is left there. When the statute directs an appeal to an ordinary civil court, without in any manner circumscribing the practice, procedure and powers of such Court as a civil appellate court, the court will have to deal with the appeals with all the trappings and powers as an ordinary civil court of appeal. This is the fundamental rule that has been uniformly countenanced and applied by courts….. Thus, we find that uniformly it has been countenanced that the High Court, while hearing an appeal under the Act, exercises its ordinary appellate powers and should follow its practice and procedure as are normally attributable to it as an ordinary appellate court; and in the absence of any circumscription or regulation of the said powers, the rules of practice and procedure, and power as per the provisions of the Code can be legitimately invoked for the purposes set out therein in the matter of dealing with such an appeal. Order 33 of the Code deals with institution of proceedings by indigent persons. Order 44 deals with appeals by indigent persons and it contemplates that appeals by indigent persons shall be dealt with in the same manner as institution of original proceedings by indigent persons. In this view, we have to hold that it will be competent for the appellants to invoke the aid of Order 44 and thereby Order 33 of the Code.”
No doubt, learned Counsel who relied on this decision contends that the word “trappings” used in the above passage would mean only “embellishment” or “adornment” and so, according to him, though the other provisions of Civil Procedure Code, which give powers to this court may be applicable, the abovesaid provision in O. 41, R. 3A(3), which restricts its power to grant stay, will not be applicable. There is absolutely no merit in this argument. The term “trappings” also means “characteristic accompaniments” and, therefore, there can be no doubt that all the provisions of Civil Procedure Code are applicable to the abovesaid appeals under the Motor Vehicles Act.
5C). Even the other decsion cited by the same learned Counsel, viz., 1987 ACJ 887 (Supra) which is again a decision of a Division Bench of this Court does not support the argument. There also, the question was, whether O. 41, R. 33, C.P.C could be applied to the abovesaid appeals under the Motor Vehicles Act. The Division Bench only held that O. 41, R. 33, C.P.C could be invoked though it held that the facts in that case do not warrant the application of the said rule.
5D). No doubt, the Bench referred to the above referred to 1975 ACJ 95 (A.P), where it appears the following observation has been made:—
“It cannot, therefore, be contended that once the appeal reached the H.C all the provisions in Civil Procedure Code applicable to appeals to the H.C are automatically attracted.”
For making this observation, it appears the Andhra Pradesh High Court purported to rely on a Full Bench decision of this Court in Rajagopala Chettiar v. Hindu Religious Endowments Board (AIR 1934 Madras 103). But, we find that AIR 1934 Madras 103 (Supra) does not lay down such proposition. It has only held that an order passed by the District Judge on an application made to the District Court to set aside the decision of the Hindu Religious Endowments Board under S. 84(!) of the Madras Hindu Religious Endowments Act (2 of 1927) is not appealable to the High Court because, although that order complies with all the other requirements of the definition of a “decree”, it cannot be a decree in as much as an application cannot be the commencement of a suit and without a suit there cannot be a decree. In our view, A.I.R 1934 Madras 103 (F.B) (Supra) cannot at all lead to the proposition laid down in the above referred to Andhra Pradesh decision. Further, the said observation of the Andhra Pradesh High Court is contrary to several decisions rendered by the Supreme Court and the Privy Council.
6. In this connection, it is worth mentioning the decision by the Supreme Court in National Sewing Thread Co. Ltd. v. James Chadwick and Brothers Ltd. (AIR 1953 SC 357), where it observed, dealing with an appeal to the High Court from a decision of the Registrar, under S. 76 of the Trade Marks Act, thus:—
“The rule is well settled that when a statute directs that an appeal shall lie to a court already established, then that appeal must be regulated by the practice and procedure of that court. This rule was very succinctly stated by Viscount Haldane L.C in ‘National Telephone Co. Ltd. v. Post Master General’, (1913) Ac 546 in these terms:—
‘When a question is stated to be referred to an established Court without more, it in my opinion, imports that the ordinary incidents of the procedure of that court are to attach, and also that any general right of appeal from its decision likewise attaches.’…. S. 76, Trade Marks Act confers a right of appeal to the High Court and says nothing more about it. That being so, the High Court being seized as such of the appellate jurisdiction conferred by S. 76, it has to exercise that jurisdiction in the same manner as it exercises its other appellate jurisdiction. ..”
6A). Further, in Collector, Voronosi v. Gouri Shanker (AIR 1968 SC 384) also the Supreme Court reiterated the proposition laid down in AIR 1953 S.C 357 (supra), in the contet of an appeal to the High Court under S. 19(1)(f) of the Defence of India Act, 1938. The relevant observations therein are as follows:—
“We were informed that neither the Act nor the rules framed thereunder prescribe any special procedure for the disposal of appeals under S. 19(1)(f). Appeals under the provision have to be disposed of just in the same manner as other appeals to the High Court. Obviously, after the appeal had reached the High Court, it had to be determined according to the rules or practice and procedure of that court. The rule is well settled that when a statute directs that an appeal shall lie to a court already established, then that appeal must be regulated by the practice and procedure of that court.”
7. Counsel for one of the petitioners also contends that O. 41 R. 3-A(1) gives a further right to claim condonation of the delay, in addition to such right under S. 5 of the Limitation Act and that O. 41, R. 3-A(3) will have application only if the said S. 5 is invoked. According to him these petitions to condone delay are filed under S. 173 of the Motor Vehciles Act and not under S. 5 of the Limitation Act. In this connection, he relied on Nirmala Chaudhary v. Bisheshar Lal (AIR 1979 Delhi 26) and State of Assam v. Gobinda Chandra Paul (AIR 1991 Gauhati 104.) The observation in A.I.R 1979 Delhi 26 is no doubt as follows:
“The newly added provision of R. 3A of O. 41 in the Civil P.C gives an additional right to a litigant to claim condonation at the time of presenting the appeal.”
In State of Assam v. Gobinda Chandra Paul (AIR 1991 Gauhati 104) also similar view appears to have been expressed in the following words:—
“Besides, this rule is not in derogation of S. 5 of the Limitation Act. In fact, it is in addition to that.”
But, we are unable to subscribe to this view, since O. 41 R. 3-A, C.P.C has only been inserted by the Amending Act, 1976 in order to prescribe the procedure for securing the final determination of the question as to limitation even at the stage of admission of the appeal. The Rule does not prescribe the period of limitation for an appeal. The period of limitation is provided only under Article 116 of the Limitation Act, 1963 in respect of appeals and it cannot be said that O. 41, R. 3-A gives any additional right to litigants to claim condonation. Moreover, condonation of delay is not a matter of right. The litigant who comes to court after the prescribed period of limitation is bound to satisfy the court that he has sufficient cause for the delay.
8. We may also point out that a Full Bench decision of the Karnataka High Court in K. Chandrashekara Naik v. Narayana (AIR 1975 Karnataka 18) held that in an appeal under S. 110-D of the Motor Vehicles Act, 1939, cross-objections are maintainable under O. 41, R. 22, C.P.C In the said decision, the Karnataka High Court relied on the above referred to Supreme Court decisions and other decisions.
9. Once it is held that the provisions of Rr. 22, 27 and 33 of O. 41, C.P.C are applicable, there is no reason to exclude R. 3-A thereof. In the result, we hold that these Civil Miscellaneous Petitions are not maintainable in view of O. 41, R. 3-A(3), C.P.C and accordingly we dismiss the same.
RR/VCS.
Alert