Raj Kumar Agarwal vs Mala Nag
2022 Latest Caselaw 330 Jhar

Citation : 2022 Latest Caselaw 330 Jhar
Judgement Date : 8 February, 2022

Jharkhand High Court

Raj Kumar Agarwal vs Mala Nag on 8 February, 2022

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 W.P.(C) No. 2270 of 2017

Raj Kumar Agarwal                          ...     ...     Petitioner
                                Versus
1.   Mala Nag
2.   Rajan Nag
3.   Sanjay Kumar Gupta
4.   Mohan Chandra Mahto                   ...     ...     Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Sumeet Gadodia, Advocate For the Respondents :

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Order No. 07 Dated: 08.02.2022

The writ petition is taken up today through Video conferencing.

The present writ petition has been filed for quashing order dated 27.03.2017 (Annexure-8 to the writ petition), whereby the preliminary objection of the petitioner that he being the erstwhile director of the company cannot be arrayed as opposite party in the said case, has been rejected by the District Judge-cum-Motor Accident Claim Tribunal, East Singhbhum, Jamshedpur.

Heard learned counsel for the petitioner and perused the content of the writ petition. Vide order dated 06.07.2017 passed in the present case, further proceeding of Compensation Case No. 185 of 2011 pending before the aforesaid court was ordered to be stayed by a co-ordinate Bench. According to the petitioner, the present writ petition was thereafter not taken up for a long period and, therefore, the interim order dated 06.07.2017 got vacated in view of the judgment of the Hon'ble Supreme Court rendered in the case of "Asian Resurfacing of Road Agency Pvt. Limited & Anr. Vs. Central Bureau of Investigation" reported in 2018 (2) JLJR 320 (SC). The Motor Accident Claim Tribunal, East Singhbhum, Jamshedpur thereafter proceeded in Compensation Case No. 185 of 2011 and passed the judgment/award under Section 166 of the Motor Vehicles Act, 1988 on 04.06.2019. Aggrieved with the said judgment/award, the petitioner has filed M.A. No. 291 of 2019 before this Court which is pending adjudication.

Considering the aforesaid facts and circumstance and keeping in view that final judgment/award has already been passed on 04.06.2019 in Motor Accident Claim Case No. 185 of 2011, there is no need to further proceed in the present writ petition. The same is accordingly disposed of.

The petitioner is, however, at liberty to take all available plea with him in M.A. No. 291 of 2019.

I.A. No. 2710 of 2019 and I.A. No. 7067 of 2021 also stand disposed of.

(Rajesh Shankar, J.) Manish