SUSHIL ARORA v. AMIT KUMAR KANAUJIA

CM(M) 2276/2025 & CM(M) 2277/2025 Page 1 of 4 $~53 & 54 (25.11.2025) * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CM(M) 2276/2025 & CM APPLs.73957-73958/2025SUSHIL ARORA .....Petitioner versus AMIT KUMAR KANAUJIA .....Respondent + CM(M) 2277/2025 & CM APPLs. 74015-74016/2025SUSHIL ARORA .....Petitioner versus MALTI DEVI AND ORS .....Respondents Appearance:- Mr. Ashwin Vaish, Mr. Thomas V., Mr. Vinod Pandey, Ms. Yashawi Dasari, Ms. Shubhi Vijaywargiya, Mr. Uttam Pawar & Mr. Additya Sharma, Advocates for Petitioner in Item Nos. 53 & 54. Ms. Hetu Arora Sethi, Advocate for Insurance Company. Mr. S.N. Parashar & Mr. Ritik Singh, Advocates for Respondent/Claimants in Item No. 53. Mr. Uttam Panwar, Advocate for R-5 in Item Nos. 53 & 54. CORAM:HON’BLE MR. JUSTICE PRATEEK JALANO R D E R% 26.11.20251.These petitions have been listed today, as 25.11.2025 was declared a holiday vide Notification No. 35/G-4/Genl.-I/DHC dated 24.11.2025. 2.The captioned petitions, under Article 227 of the Constitution, are This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2025 at 14:44:51 CM(M) 2276/2025 & CM(M) 2277/2025 Page 2 of 4 directed against orders dated 25.07.2025 [in MACT 1291/2016] and 04.10.2025 [in MISC. DJ/725/2025] passed by the Motor Accident Claims Tribunal. 3.The petitioner herein is the owner of the vehicle in question. The said orders were assailed by the driver of the vehicle in two petitions [CM(M) 2247/2025 and CM(M) 2248/2025], which were taken up on 21.11.2025 and disposed of with the following order:- “1. These two petitions, under Article 227 of the Constitution, are directed against orders dated 25.07.2025 [in MACT 1291/2016] and 04.10.2025 [in MISC. DJ 724/2025] passed by the Motor Accident Claims Tribunal [“the Tribunal”]. 2. By the impugned order dated 25.07.2025, which was passed on the very same day on which the claim petition before the Tribunal was disposed of, and awarded in favour of the claimants, the Tribunal observed as follows: “Meanwhile, on basis of facts and circumstances as revealed on record and after appreciation of the evidence led by the parties during the course of proceedings, the Tribunal is constrained to observe that false evidence has been given on record by fabricating documents by the respondent no. 1 and 2 and further evidence known to be false has been also given during the course of proceedings in the instant case. Therefore in the totality of facts and circumstance as revealed on record, a show cause notice is hereby issued to R1 and R2 and the officials of insurance company namely Sukhvarsha and S S Badan as to why proceedings be not initiated against them for the relevant penal offences in this regard, under Section 379 of BNSS, 2023. All the noticees are directed to be appear in person on the NDOH for examination and for consideration/further proceedings on 29.08.2025.”3. It is the contention of the petitioner that notice was, in fact, not served upon him at all. 4. By the second impugned order dated 04.10.2025, the Tribunal has issued warrants of arrest with regard to the initiation of proceedings under Section 379 of Bhartiya Nagarik Suraksha Sanhita, 2023 [“BNSS”]. 5. With the consent of learned counsel for the parties, the present petitions are disposed of, with the following directions: A. The warrants of arrest issued by order dated 04.10.2025 shall not be executed against the petitioner. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2025 at 14:44:51 CM(M) 2276/2025 & CM(M) 2277/2025 Page 3 of 4 B. The petitioner undertakes that he will be represented through counsel before the Tribunal in the proceedings in MISC. DJ 724/2025, initiated by the Tribunal itself, including on the next date of hearing, i.e. 25.11.2025, and any subsequent hearing. An undertaking to this effect be filed by the petitioner in this Court by tomorrow, i.e. 22.11.2025. C. The petitioner and other parties will be at liberty to make their submissions before the Tribunal with regard to the proposed proceedings under Section 379 of BNSS, in accordance with law. The Tribunal is directed to consider the submissions of the parties in accordance with law, independently, and uninfluenced by the observations in order dated 25.07.2025. 6., the present petitions, alongwith pending applications, stand disposed of with these directions.” 4.The case of the present petitioner is virtually identical. 5.I am informed that the proceedings before the Tribunal have now been adjourned to 09.01.2026. 6.The present petitions are therefore disposed of, with the following directions: A.The warrants of arrest issued by order dated 04.10.2025 shall not be executed against the petitioner. B.The petitioner undertakes that he will be represented through counsel before the Tribunal in the proceedings in MISC. DJ 724/2025, initiated by the Tribunal itself, including on the next date of hearing, i.e. 09.01.2026, and any subsequent hearing. An undertaking to this effect be filed by the petitioner in this Court by tomorrow, i.e. 27.11.2025. C.The petitioner and other parties will be at liberty to make their submissions before the Tribunal with regard to the proposed proceedings under Section 379 of BNSS, in accordance with law. The Tribunal is directed to consider the submissions of the parties This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2025 at 14:44:51 CM(M) 2276/2025 & CM(M) 2277/2025 Page 4 of 4 in accordance with law, independently, and uninfluenced by the observations in order dated 25.07.2025. 7.Accordingly, the present petitions, alongwith pending applications, stand disposed of in terms of the aforesaid. PRATEEK JALAN, JNOVEMBER 26, 2025 ‘pv/KA’/