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MCA/2192/2007 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 2192 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
NATIONAL
INSURANCE COMPANY - Applicant(s)
Versus
ISMAIL
DAUDBHAI GHANCHI & 3 - Opponent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Applicant(s) : 1,
MR NEHAL R JOSHI for Opponent(s) : 1 - 2.
MR
AU CHAUHAN for Opponent(s) : 3,
MR MA KHARADI for Opponent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 31/07/2008
ORAL
JUDGMENT
RULE.
Mr.Nehal Joshi, learned advocate waive the service of notice of
admission on behalf of the respondent Nos.1 and 2, Mr.A.U. Chauhan,
learned advocate waive the service of notice of admission on behalf
of the respondent No.3 and Mr.M.A. Kharadi, learned advocate waive
the service of notice of admission on behalf of the respondent No.4.
With
the consent of the learned advocate appearing on behalf of the
respective parties, the petition is taken up for final hearing
today.
By
way of this petition under sec.24 of the Code of Civil Procedure,
the petitioner ? original appellant ? Insurance Company ?
defendant No.2 of Motor Accident Claim Petition No. 652 of 1997, has
prayed for appropriate order to transfer Motor Accident Claim
Petition No. 652 of 1997 from Motor Accident Claim Tribunal, Nadiad
to Motor Accident Claim Tribunal, Kalol submitting that for the same
accident and the cause of action, two claim petitions have been
filed in two different tribunals. It is submitted that Motor
Accident Claim Petition No. 652 of 1997 is filed by the husband of
the deceased in the Motor Accident Claim Tribunal, Nadiad and the
parents of the deceased have filed Motor Accident Claim Petition No.
1036 of 2004 before the Motor Accident Claim Tribunal, Kalol. It is
submitted that Motor Accident Claim Petition No. 1036 of 2004 is
filed in prior point of time.
Mr.Asif
Shaikh, learned advocate apparing for Mr.M.A. Kharadi, learned
advocate appearing on behalf of the respondent No.4 ? husband has
submitted that he has no objections if the proceedings are
transferred from Motor Accident Claim Tribunal, Nadiad to Motor
Accident Claim Tribunal, Kalol.
Having
heard the learned advocate appearing on behalf of the resepctive
parties and in the facts and circumstances of the case and
considering the fact that there are two claim petitions arising out
of one accident and cause of actions and the Motor Accident Claim
Petition No. pending in the Motor Accident Claim Tribunal, Kalol is
prior in time and considering the fact that learned advocate
appearing on behalf of the original claimant of Motor Accident Claim
Petition No. 652 of 1997 has no objection, the present application
is allowed. It is hereby ordered
to transfer Motor Accident Claim Petition No. 652 of 1997 from the
Motor Accident Claim Tribunal, Nadiad to Motor Accident Claim
Tribunal, Kalol and the said claim petition to be heard with Motor
Accident Claim Petition No. 1036 of 2004. Rule is made absolute
accordingly. Interim relief granted earlier, if any, stands
vacated forthwith. In the facts and circumstances of the case, there
shall be no order as to costs.
[M.R.
SHAH, J.]
rafik
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