Gujarat High Court
Minor Nirali Dineshbhai Makwana vs Punam Sing Ghisa Sing on 23 January, 2020
Author: B.N. Karia
Bench: B.N. Karia
C/MCA/838/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 838 of 2019
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MINOR NIRALI DINESHBHAI MAKWANA
Versus
PUNAM SING GHISA SING
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Appearance:
MR BHAVIN THAKAR FOR D H KANTHARIYA(7505) for the Applicant(s) No.
1
PIYUSH H KANTHARIA(7998) for the Applicant(s) No. 1
MR YOGI K GADHIA(5913) for the Opponent(s) No. 3
NOTICE SERVED(4) for the Opponent(s) No. 2,5
NOTICE UNSERVED(8) for the Opponent(s) No. 1,4
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 23/01/2020
ORAL ORDER
1. Rule. Mr.Yogi K. Gadhia, learned advocate waives service of notice of Rule on behalf of respondent no.3. As per the cause-list, notice is not served to respondent nos.1 and 4 and though served, none appears on behalf of respondent nos.2 and 5.
2. By way of present application, present applicant has prayed to allow this application and to transfer MACP Case No.274 of 2018 (Old MACP Case No.1556 of 2016) pending before the Motor Accident Claim Tribunal, Botad to the Motor Accident Claim Tribunal, Ahmedabad (Rural).
3. Heard learned advocates for the respective parties.
4. It is submitted by learned advocate for the applicant that applicant Page 1 of 3 Downloaded on : Sat Jan 25 21:18:27 IST 2020 C/MCA/838/2019 ORDER has filed MACP Case No.1556 of 2016 before the MACT, Ahmedabad (Rural) and due to the establishment of the new District Botad, the case of the applicant was transferred at MACT, Botad. It is further submitted that it would be extremely difficult for the applicant to attend the proceedings before the MACT, Botad since she is residing Tal.: Dholka, Dist.: Ahmedabad. Therefore, she has requested to transfer the matter from MACT, Botad to MACT, Ahmedabad. It is further submitted that the applicant is having minor child aged about ten years and therefore, she is having responsibility to look after her minor child. However, she cannot travel long to attend the Court proceedings. It is further submitted that it would take the whole day to attend the proceedings in the Court including traveling period. Therefore, it would be very difficult for the applicant to travel on every date. Therefore, present applicant has prayed to allow this application and to transfer MACP Case No.274 of 2018 (Old MACP Case No.1556 of 2016) pending before the Motor Accident Claim Tribunal, Botad to the Motor Accident Claim Tribunal, Ahmedabad (Rural).
5. Learned advocate for the respondent no.3 has no objection if the said proceedings may be transferred. Therefore, it is requested by him to pass appropriate order.
6. Considering the facts and circumstances of present case and Page 2 of 3 Downloaded on : Sat Jan 25 21:18:27 IST 2020 C/MCA/838/2019 ORDER submissions made by learned advocates for the respective parties, it appears that MACP Case No.274 of 2018 (Old MACP Case No.1556 of 2016) was pending before the Motor Accident Claim Tribunal, Ahmedabad (Rural) and due to the establishment of new district at Botad, the said case was transferred to MACT, Botad. It further appears that present applicant is staying at Dholka, Dist.: Ahmedabad and she would be compelled to attend the Court proceedings at Botad on account of transfer of the claim petition being MACP Case No.1556 of 2016 on establishment of new district at Botad. As per the averments made by the applicant, there is a long distance between Dholka and Botad and great hardship would be caused to present applicant to attend the Court proceedings initiated by her before the MACT, Botad. Hence, prayer as sought for in Paragraph-8(B) is granted. Hence, MACP Case No.274 of 2018 (Old MACP Case No.1556 of 2016) pending before the Motor Accident Claim Tribunal, Botad is ordered to be transferred to the Motor Accident Claim Tribunal, Ahmedabad (Rural).
7. In view of the above discussions, present application deserves to be allowed and accordingly, the same is allowed. Rule is made absolute accordingly.
Direct Service is permitted.
(B.N. KARIA, J) rakesh/ Page 3 of 3 Downloaded on : Sat Jan 25 21:18:27 IST 2020