Shourya Khosla v. Mejor Singh & Ors.

Delhi High Court · 16 Nov 2017 · 2017:DHC:8572
Rajiv Sahai Endlaw
TR.P.(C.) 184/2017 & TR.P.(C.) 185/2017
2017:DHC:8572
civil appeal_allowed

AI Summary

The Delhi High Court allowed transfer of two Motor Accident Claims Petitions to consolidate them with other claims arising from the same accident before a single tribunal to avoid conflicting judgments.

Full Text
Translation output
, ./ X HIGH COURT OF DELHI SHOURYA KHOSLA Petitioner
> , .. Through: - Dr. N. Pradeep Sharma, Mr. S.K.
. Rout, Mr. Pawan Kumar and Mr. , Chirag Sharma, Advs.-
' . .
VERSUS
, MEJOR SINGH &ORS. - Respondents
Through: Mr. Parveen Kumar,Mehdiratta, Adv. forR-3.
• AND
TR.P.(CO 185/2017, ' .
- ' SHOURYA KHOSLA • , Petitioner
• Through: Dr. N; Pradeep Sharma, Mr. S.K.
Rout, Mr. Pawan Kumar and Mr. Chirag Sharma, Advs.
. ' -
VERSUS
MEJORSINGH & ORS. , Respondents
Through: Mr. Parveen Kumar Mehdiratta,'-Adv. forR-3. -
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAIENDLAW
16.1L2dl7
ORDER

1. These Transfei: Petitions have been registered on receipt of orders ^both dated '2"'' November, 2017 in MACP No.162/2017 and MACP.- Nc).163/2017 both titled Shourya Khosla Vs. Mejor Singh & Ors., of the. ^ Court ofDistrict&Sessions Judge (Hqs.), Delhi.

2. MACP No.162/2017 and MACP No.163/2017 were pending in the Court of Shri M.K.,Nagpal, Judge, MACT^ New Delhi who vide separate but identical orders dated 24"" October, 2017 ordered the same to be put up before the District & Sessions Judge(Hqs.), recordingthat three other claim TR.P.(C.) 184/2017&TR.P.(C)185/2017 ' page[1] of[2] 2017:DHC:8572.Ay, V petitions arising out of the same accident and filed by different petitioners were pending before the' Court of Shri Amit.Bansal, Judge, MACT, Rohini Courts, Delhi and listed forevidence on25^'' November, 2017 andin order to avoid any conflict in appreciation of evidence and judgements, it was desirable that all the petitions be clubbed and tried together..

3. The District & Sessions Judge (Hqs.), observing that the power for inter district transfer lies,exclusively with this Court, made the reference as aforesaid to this Court. -

4. The counsels for the parties appear and state that they have no objection to transfer of MACP No.162/2017 and MACP No.163/2017 ofthe Court of Shri M.K. Nagpal, Judge, MACT, New Delhi to the Court of Shri Amit Bansal, Judge, MACT, Rohini Courts, Delhi.

5. These petitions are disposed of by directing transfer as aforesaid.

6. Since the files of two MACPs which have, been ordered to be transferred have been received in this Court, this Court to forthwith physically transfer the said files to the Court of Shri Amit Bansal, Judge, •MACT, Rohini Courts, Delhi;

7. The parties to appear in the transferred proceedings before the Transferee Court on25"^ November, 2017.

8. The petitions are disposed of RAJIV SAHAI ENDLAW, J NOVEMBER 16,2017 pp. TR.P.(C.) 184/2017& TR.P.(C.) 185/2017 page 2 of[2]