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Bombay High CourtMCA/316/2022application allowed

Farzana Nura Khan And ORS v. Nur Khan Mayer Khan And Another

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

(1) 992 MCA-316.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 992 MISC.CIVIL APPLICATION NO.316 OF 2022 FARZANA NURA KHAN AND OTHERS

VERSUS

NUR KHAN MAYER KHAN AND ANOTHER ...

Mr. Kayyum Shaikh, Advocate for the applicants. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

02.02.2023.

ORDER:- 1.

Heard learned Counsel for the applicants. The respondents, despite service, remained absent. 2.

The applicants are seeking transfer of M.A.C.P. No.295/2020 filed by themselves only from the Motor Accident Claims Tribunal, Nashik to Motor Accident Claims Tribunal, Aurangabad.

3.

The learned Counsel for the applicants submits that at the time of filing the aforesaid claim petition, the applicants alongwith respondent No.1 were residing at Vaijapur and therefore, as per their convenience they had filed the said claim petition at Nashik. However, thereafter the applicants alongwith respondent No.1 shifted to Aurangabad and therefore, considering their convenience, the aforesaid claim

(2) 992 MCA-316.2022.odt petition needs to be transferred to Aurangabad. He submits that applicants and respondent No.1 are not on inimical terms, in fact they are residing jointly at Aurangabad. Under such circumstances, considering the convenience of the parties, following order is passed.

ORDER

(i) The application is hereby allowed.

(ii) M.A.C.P. No. 295/2020 is hereby transferred from Motor Accident Claims Tribunal, Nashik to Motor Accident Claims Tribunal, Aurangabad for it's disposal according to law.

(iii) The respondents are directed to appear before the learned Motor Accident Claims Tribunal, Aurangabad on or before 1st March, 2023.

(iv) The application is disposed of accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde