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Bombay High CourtMCA/200/2022application allowed

Varandavani Madhukar Panchange v. Venkateshwar Rajlaxman Sakanalwa

2023-03-02Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 966 mca 200-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 MISC.CIVIL APPLICATION NO.200 OF 2022 VARANDAVANI MADHUKAR PANCHANGE

VERSUS

VENKATESHWAR RAJLAXMAN SAKANALWA ...

Advocate for Applicants : Mr. Atul R. Muley h/f Mr. M. P. Kale Advocate for Respondent Nos.1 & 2 : Mr. A. G. Chavan Advocate for Respondent No.3 : Mr. M. M. Ambhore ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 02/03/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicant, who has fled MACP No.11 of 2020 before Member, MACT, Ambajogai, is seeking its transfer to Member, MACT, Gangakhed, District Parbhani, on the ground that she is an old lady of 62 years and due to injury sustained in the accident, unable to travel frequently from her house to Ambajogai. 3.

The respective learned counsel for the respondents strongly opposed the application.

4.

However, it seems that the respondent Nos.1 & 2, who are the owner and driver of the offending vehicle are resident of Ballarpur, District Chandrapur and Habibpur in Utter Pradesh respectively. Thus, it makes no difference for them if the claim petition of applicant is transferred from Ambajogai to Gangakhed. Moreover, there cannot be any grievance for respondent No.3 - insurance company since its branch offce is available at nearby Gangakhed.

2 966 mca 200-22 Thus, it seems that there is no diffculty for respondents to attend the matter at Gangakhed. In view of the same, following order is passed.

ORDER

A) Application is hereby allowed.

B) MACP No.11 of 2020 is hereby transferred to Member, MACT, Gangakhed District Parbhani from Member, MACT, Ambajogai, District Beed for disposal according to law.

C) The respondents are directed to appear before Member, MACT, Gangakhed on or before 01/04/2023.

D) Application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-