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2025 DAILYLAW 170909 (ALL)

Smt. Chandni and others v. National Insurance Co. Ltd. through its Branch Manager and another

TACL/294/2024 · 2025-03-06

Manish Mathur

body2025

Judgment text

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Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 294 of 2024 Applicant :- Smt. Chandni And Others Opposite Party :- National Insurance Co. Ltd. Through Its Branch Manager And Another Counsel for Applicant :- Mohammad Saeed Counsel for Opposite Party :- Satyajit Banerji,Anand Mishra,Anubhav Awasthi,Rajeev Mishra Hon'ble Manish Mathur,J. Heard learned counsel for applicant and Mr. Abhishekh Singh Advocate holding brief on behalf of Mr. Satyajit Banerji learned counsel for opposite party. On 20th December, 2024 following order had been passed:- "Heard learned counsel for the applicants. Issue notice to the opposite parties. Application under section 24 CPC has been filed seeking transfer of Claim Petition No.601 of 2020 pending in the Court of learned Additional District Judge, Court No.1, Lucknow for transfer to Motor Accident Claims Tribunal, Lucknow. It has been submitted that the aforesaid proceedings are pending under the Motor Vehicles Act and are required to be transferred to Motor Accident Claims Tribunal which has been set up. Considering the aforesaid facts list this case on 22.01.2025 along with service report. Objections may be filed in the meantime. Till the next date of listing proceedings of Claim Petition No.601 of 2020 shall remain stayed." Learned counsel for opposite party does not dispute the aforesaid facts. In view of uncontroverted submissions, the claim petition No. 701 of 2020 pending in the court of Additional District Judge, Court No.1, Lucknow stands transferred to the Motor Accident Claims Tribunal, Lucknow. The application therefore stands allowed. Order Date :- 6.3.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench