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SMT. MRIDULA GUPTA versus THE SPECIAL JUDGE E.C. ACT AND OTHERS

High Court of Judicature at Allahabad

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Smt. Mridula Gupta v. The Special Judge E.C. Act And Others - WRIT - C No. 42881 of 2006 [2006] RD-AH 13266 (8 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran, J

A claim petition was filed by the Respondents no.2 and 3 in the year 2000 claiming compensation from the petitioner. The petitioner has filed an application before the Motor Accident  Claims Tribunal to implead the driver of the vehicle as an opposite party. The said application of the petitioner has been rejected by the impugned order dated 1.8.2006 and hence this writ petition.

I have heard learned counsel for the petitioner and have perused the record and I do not find any illegality with the impugned order.

The application for impleadment of the driver of the vehicle has been filed by the petitioner after nearly six years of the filing of the claim petition. Even otherwise, it is the owner who is the necessary party and who has already been impleaded in the claim petition and is contesting the same. The observation of the court below that the said application has been filed by the petitioner only for the purposes of delaying the decision of the claim petition, which has already been pending for the last six years, thus, appears to be correct.

This writ petition is devoid of merits and is, accordingly, dismissed.

Dt/-8.8.2006

dps

w.p.42881.06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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