Motilal Sahu v. Dhaniram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (Art. 227) NO. 145 of 2019

1. Motilal Sahu, S/o Puran Sahu, aged about 70 years

2. Rishi Kumar S/o Motilal, aged about 41 years Both are R/o village Sakra P.S. Arjuni, Tahsil Dhamtari, District Dhamtari (C.G.) ---- Petitioners

Versus

1. Dhaniram S/o Nathel Yadav, Jila Sahakari Krishi yavam Gramin Vikas Bank Maryadit, Janjgir, District- Janjgir Champa (C.G.) (Died) through Gajendra S/o Dhaniram ---- Respondent For Petitioners :

Ms. Sushma Singh Chandel, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/02/2019

1. By the impugned order, learned Additional Motor Accident Claims Tribunal, Dhamtari has issued notice to the petitioners under Order 21 Rule 37 of the CPC, against which this writ petition has been preferred.

2. Learned counsel for the petitioners would submit that the impugned order is unsustainable and bad in law.

3. I have heard learned counsel for the petitioners on the question of admission of writ petition.

4. At present, only notice to show-cause has been issued by the Claims Tribunal under Order 21 Rule 37 of the CPC to the petitioners, they are at liberty to file reply to the show-cause that they have no means to pay award amount that will be considered by the Claims Tribunal in accordance with the law.

5. With the aforesaid observation, the writ petition finally stands disposed of.

6. A copy of this Order be sent to the concerned Claims Tribunal through E-mail/ Fax.

Sd/- (Sanjay K. Agrawal) Judge Pawan