Kripa Shankar vs Rajeev Sarkar
2023 Latest Caselaw 3797 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     C.M.P. No. 1068 of 2023
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Kripa Shankar .... .... .... Petitioner Versus

1. Rajeev Sarkar

2. Raja Ram Chaudhary .... .... ....Opposite Parties

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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Shashank Shekhar, Advocate For the Opposite Parties : None

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Order No. 03 Dated- 06.10.2023 Learned counsel for the petitioner has submitted that the MACT Case No. 94 of 2015 is pending before the Court of Principal District Judge-cum-P.O. M.A.C.T., Dhanbad, wherein the application of the petitioner for recalling the witnesses of claimants has been dismissed vide order dated 28.08.2023. It is further submitted that in the aforesaid case oral evidence of both the parties were recorded by the learned Tribunal. Thereafter an application dated 22.07.2023 filed by the claimants adducing the documents in evidence, which were never produced earlier and not even mentioned in the deposition of witnesses was allowed without giving any opportunity of hearing to the petitioner and cross-examine the witnesses on their documents. Hence, petitioner has seriously been prejudiced by the impugned order.

Under the aforementioned circumstances, this petition is admitted for hearing.

Let notice be issued to the opposite parties at the present and correct address through registered post with A/D as well as under ordinary process, for which requisites, etc. must be filed within two weeks.

Till further order, the learned Tribunal shall not pronounce judgment/award in MACT Case No. 94 of 2015.

Let this case be listed along with C.M.P. No. 1075 of 2023 which is arising out of the same accident bearing MAC Case No. 94 of 2015, if found defects free.

(Pradeep Kumar Srivastava, J.)

Umesh/-