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2025 DAILYLAW 128938 (ALL)

Sanjay Kumar Dwivedi v. Before the Motor Accident Claim Tribunal/ Additional District Judge Court No. 1 Lucknow and others

TACL/72/2025 · 2025-03-27

Jaspreet Singh

body2025

Judgment text

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Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 72 of 2025 Applicant :- Sanjay Kumar Dwivedi Opposite Party :- Before The Motor Accident Claim Tribunal/ Additional District Judge Court No. 1 Lucknow And Others Counsel for Applicant :- Shobhit Nigam Hon'ble Jaspreet Singh,J. The petitioner had approached this Court with a limited prayer that the proceedings under Section 166 of the Motor Vehicles Act, 1988, which was initialed in the Court of Additional District Judge, Court No.1, Lucknow acting as Motor Accident Claims Tribunal, Lucknow. Despite the Motor Accident Claims Tribunal having been constituted across the State of U.P., the matter has not been transferred to the appropriate Tribunal. In this context, by means of the order dated 20.03.2025, a Coordinate Bench of this Court had required the learned counsel for the petitioner to serve a copy of this transfer application to the learned counsel, who usually appears for the High Court. It is in this context, Shri Vijay Dixit, learned counsel has put in appearance and informed the Court that the Claim Petition No.32 of 2013 [Sanjay Kumar Dwivedi v. Mohd. Shakeel and others], which was pending before the Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Lucknow has been transferred to the appropriate Motor Accident Claims Tribunal, Unnao as the parties, the accident as well as the entire cause of action had accrued there. At this stage, learned counsel for the petitioner submits that he may be permitted to withdraw the instant transfer application with liberty to file a fresh seeking appropriate relief with proper facts for transfer of the matter to the appropriate Motor Accident Claims Tribunal at Lucknow. In view of the aforesaid, the present transfer application is dismissed as withdrawn with liberty, as aforesaid. Order Date :- 27.3.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench