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2025 DAILYLAW 37371 (ALL)

RAVINDER KUMAR AND ANOTHER v. BALVEER SINGH AND 3 OTHERS

WRIC/10441/2025 · 2025-05-18

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:83356 Court No. - 9 Case :- WRIT - C No. - 10441 of 2025 Petitioner :- Ravinder Kumar And Another Respondent :- Balveer Singh And 3 Others Counsel for Petitioner :- Abhishek Tiwari,Ganesh Mani Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "1. It is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to directing the Court of Motor Accident Claim Tribunal, District- Jalaun at Orai to provide the certified copy of ex-parte order dated 09.09.2019 to the petitioners within stipulated period fixed by this Hon'ble Court." On 09.04.2025, this Court had required the petitioner to supply a copy of the writ petition to Registrar (Compliance) who was to seek instruction from Motor Accident Claims Tribunal, District- Jalaun at Orai. On 02.05.2025, office has reported that instructions were awaited and this Court required the Registrar (Compliance) to seek instructions. Today, the instructions have come, which are on record. From perusal of the report submitted by Presiding Officer, Motor Accident Claims Tribunal, Jalaun at Orai, addressed to Registrar General of this Court, in para no. 8, it has been specifically averred that petitioner has not applied for certified copy on 15.02.2025 of the ex-parte order dated 09.09.2019 as well as recovery order dated 28.03.2022, rather applied for plaint with affidavit and statement of PW-1. The photocopy of the folio by which the said documents were applied by counsel for petitioner, Gopal Gupta, has been annexed and marked as annexure A, B and C. From perusal of the entire report submitted by officer concerned, it is clear that petitioner himself has not applied for the certified copy of the ex-parte order as well as the recovery order and through this petition and has falsely alleged that Motor Accident Claims Tribunal, District Jalaun at Orai was not issuing the same. When this fact was confronted with petitioners' counsel, Sri Ganesh Mani Tripathi, and was shown the report of officer concerned along with the enclosures annexed, he has invited the attention of the Court to Page No. 25 and 28 of the writ petition which is the application for issuance of certified copy. From perusal of the same, it appears that application which has been annexed as annexure no. 4 has been applied by Sri Sarnam Singh Bhadauriya in which the entire order-sheet has been claimed. Further, page 28 is also the copy of folio applied by petitioner. This Court is surprised to note how the folio which is alleged to have been applied for the issuance of entire order-sheet has landed in the hand of petitioner. Moreover, perusal of two folios, one moved by Sri Gopal Gupta and the other by Sri Sarnam Singh Bhadauriya, clearly reveals that application moved by Gopal Gupta, Advocate was applied for certified copy of plaint along with affidavit and the statement of PW-1. Copy of the said folio along with report of officer concerned is here on record. This Court finds that the petitioner has tried to misled the Court and has unnecessarily wasted the precious judicial time. The writ petition stands dismissed. Order Date :- 19.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad