R GANDHI Vs. RADHEKISHEN RAMNARESH MISHRA

JUDGEMENT

(1.) The applicant has approached this Court with the prayer that:

(2.) The grounds for transfer as set out in the application are that the applicant is a permanent resident of the city of Ahmedabad; that the applicant is residing at Ahmedabad; that it is difficult for him to attend hearing of the Motor Accident Claims Tribunal (MACT) at Surendranagar; that the Regional Office of opponent no.3 is also at Ahmedabad; that the witnesses are also residing at Ahmedabad. Besides, it is submitted that the opponents are not to be prejudiced in any manner if the Motor Accident Claim Petition (MACP) No.849 of 1992 is transferred to Ahmedabad.

(3.) It is submitted that opponents no.1 and 2 are residing at Mumbai, which is comparatively nearer to Ahmedabad than Surendranagar. Be that as it may, this petition was affirmed on 30th May 2003 and filed on 18th June 2003. The order sheet of the application on perusal reveals that after the application was filed on 18th June 2003, the matter was firstly listed on 1st August 2003 before the Court (Coram: K.M. Mehta, J.). It was adjourned to 11th August 2003. On 11th August 2003 it was listed before Brother Mr.Justice Kundan Singh. The Court was pleased to pass the following order: