Chammu Lal Patel vs Nitesh Kumar Patel
2023 Latest Caselaw 17971 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                           MP No. 3966 of 2023
                                              (CHAMMU LAL PATEL Vs NITESH KUMAR PATEL AND OTHERS)

                           Dated : 27-10-2023
                                     Shri Avinash Zargar - Amicus curiae and Shri Yogesh Kumar

                           Chourasiya - Advocate for the petitioner.
                                     Ms. Sunanda Kesharwani - Advocate for the respondent No.1.

Shri T.S. Lamba - Advocate for respondents.

Shri Zargar, submits that High Court of Kerala at Ernakulam in Akshay

Raj Vs.Ministry of Law and Justice Legislative Department [2023 LiveLaw (Ker) 50], has held that principles of Limitation Act will be applicable for entertaining the petitions for claiming compensation even beyond the period of six months.

It is fairly submitted that this view has been stayed by Hon'ble Supreme Court in Cholamandalam Ms. General Insurance Company Ltd. Vs. Shreelakshmi T and others SLP(C) No.9152/2023, decided on 17.05.2023.

Shri T.S. Lamba, places reliance on the judgment of Supreme Court in Vinod Gurudas Raikar Vs. National Insurance Co. Ltd. [(1991) 4 SCC

333].

Shri Lamba prays for some time to prepare and argue this matter. List this case in the week commencing 20.11.2023.

(VIVEK AGARWAL) JUDGE

A.Praj.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 27-10-2023 18:51:29