Ramkishan Pal v. Dr. Naveen Deshpandey And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 6129 of 2009 Ramkishan Pal S/o Shri Ramdas Pal, aged about 50 years, R/o Lal Khadan, Near Railway Crossing, Torba, Bilaspur (C.G.) ---- Petitioner

Versus

1. Dr. Naveen Deshpandey, Proprietor Sadhna Physiotherapy Hospital an Research Centre, Main Road, Near Bus Stand, In front of Rajiv Plaza, Near U.T.I. Bank, Bilaspur (C.G.)

2. Permanent Lok Adalat, Bilaspur (C.G.) ---- Respondents For Petitioner :

Mr. Rajat Agrawal, Advocate.

For Respondent No. 1 :

Mr. Prateek Sharma, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/08/18 1.

The petitioner has filed the suit for damages before the Permanent Lok Adalat which was dismissed by order dated 03.08.2009 (Annexure - P/1) finding that the petitioner has failed to establish negligence on the part of respondent No. 1 against which this writ petition has been preferred. 2.

Mr. Rajat Agrawal, learned counsel appearing for the petitioner submits that petitioner may be allowed to withdraw this writ petition with liberty to file consumer dispute before the appropriate consumer redressal forum.

3.

No objection from the other side is allowed to file consumer dispute. 4.

I have heard learned counsel for the parties. 5.

Be that as it may, if such a dispute is filed by the petitioner before the Consumer Court, it will be considered expeditiously keeping in view that the writ petition is pending since 22.10.2009 and the question of limitation, if any, will also be considered by the Consumer Court.

6.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka