Legal Question in Insurance Law in India

Against the order passed by a motor vehicle claim case ,the court of dist.judge cum M.A.C.T. had passed compensation to the claimants of the deceased .The concerned party who was ordered to make the payment of claim amount has preffered an appeal in the high court from where the notice was issued to the claimant to appear and file show cause. The claimants in the mean time has filed a certificate case through the court of dist.judge before the competent court to start recovery proceeding under bihar &orissa public demand recovery act after about 6 months lapse of time of filing above mentioned appeal in the HIGH court by the certificate debtor .The certificate debtor after receiving notice from the cert.court has filed show cause that they had already preferred an appeal 6 months back in the High court against the order passed by the M.A.C.T. court which is much earlier than filing certificate case and the notice has already been issued as such this cetificate case is not maintainable .They have also quoted sec 10 of c.p.c.also in support of their plea.

Please let us know whether above said plea is correct PLEASE TREAT IT VERY VERY URGENT .

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