IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.57 of 2025 Decided on: 08.04.2025 Vikram Bafna ….Petitioner Versus Akshey Kumar & others ...Respondent Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Nitin Misra, Advocate. For the respondent: Mr. Atul Sharma, Advocate, for respondent No.1. Satyen Vaidya, Judge (Oral) By way of this petition, the petitioner has assailed order dated 20th December, 2024, passed by learned Motor Accident Claims Tribunal, Shimla in MACT No.55/23, whereby the defence of the petitioner, herein, was struck off. 2. The petitioner is respondent No.1 in MACT No.55/23. Respondent No.1 herein is the claimant. 3. It is submitted that the petitioner herein was impleaded as owner of the vehicle. The petitioner had already sold and transferred the vehicle to the true value, who had further sold the vehicle to some other person. In such circumstances, the petitioner herein had in the first instance moved an application for 2 impleadment of the dealer of true value, which was allowed and thereafter the dealer of the true value also moved an application under Order 1 Rule 10 of CPC for impeadment of person to whom the vehicle was further sold. 4. As per the submission of the petitioner, in this process, the petitioner was not clear as to what would be proper and appropriate defence to be raised by him, unless he became aware as to under what circumstances he was impleaded as respondent despite the fact that he had already transferred the vehicle to dealer of true value by legal means. 5. On notice, Mr. Atul Sharma, Advocate, appeared for respondent No.1/claimant and has submitted that he has no objection in case the prayer made by the petitioner is allowed and he is granted reasonable time to file his reply. 6. Even otherwise, the petitioner has shown sufficient cause which prevented him from filing the reply at earlier stages. 7. Accordingly, the petition is allowed. Order dated 20th December, 2024, passed by learned Motor Accident Claims Tribunal, Shimla in MACT No.55/23, is set aside. The petitioner herein shall file his reply to the claim petition within a period of four weeks from today. 3 Pending application(s), if any, shall also stand disposed of. ( Satyen Vaidya ) Judge April 08, 2025 (vt)