Sanjeev Chauhan vs Smt. Manju Devi And 6 Others
2016 Latest Caselaw 5798 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6801 of 2016
 

 
Petitioner :- Sanjeev Chauhan
 
Respondent :- Smt. Manju Devi And 6 Others
 
Counsel for Petitioner :- Rajeev Kumar Saini
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the petitioner.

The present petition has been filed for setting aside the order dated 20.7.2016 in M.A.C.P. No.248 of 2014 (Smt. Manju and others Vs. Sanjeev Chauhan and others) passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Room No.9, Saharanpur, whereby the application of the petitioner for impleading 'Shiv Kumar' the purchaser of the motorcycle has been rejected.

It is contended by learned counsel for the petitioner that the petitioner had sold the motorcycle which caused the accident to one 'Shiv Kumar' on 19.10.2013 and the accident took place on 21.9.2014 and as the purchaser had not got the motorcycle transferred in his name, therefore, the claim was filed against petitioner. It is next contended that the petitioner had filed a written statement before the concerned Court below bringing on record the aforesaid, which has been ignored by the concerned Court below while passing the order impugned, which is bad in law.

Issue notice to the respondent Nos.1 to 5 returnable within a period of four weeks. Steps be taken within a week.

Respondent Nos.1 to 5 are granted four weeks' time for filing counter affidavit. As prayed by learned counsel for the petitioner, two weeks, thereafter, is granted for filing rejoinder affidavit.

List immediately after expiry of the aforesaid period before appropriate Court.

Till the next date of listing, the operation of the order impugned dated 20.7.2016 shall be kept in abeyance.

Order Date :- 12.9.2016

Dev/-