High Court of Punjab and HaryanaCR/4554/2018disposed of

Devender Kumar v. Bharat Bhushan

2023-02-13Mrs. Justice Archana Puri2 pages

116+279

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-4554-2018 (O&M) Date of Decision: February 13, 2023 Devender Kumar

...Petitioner

AND Bharat Bhushan

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Ivneet Singh Pabla, Advocate for the petitioner.

Mr.Devinder Singh, Advocate for the respondent.

**** ARCHANA PURI, J.

Challenge in the present petition is to the order dated 21.03.2018 passed by learned Presiding Officer, Motor Accident Claims Tribunal, whereby, an opportunity to file a written statement by the petitioner-driver-cum-owner, has been waived off. Heard.

Perusal of the impugned order reveals that, on the date, when the impugned order was passed, the case was fixed for filing of the written statement, at the instance of the petitioner-driver-cum-owner, but however, a request was made by the counsel for the petitioner, for filing of the written statement. As per the time schedule fixed by the Presiding Officer, written statement was to be filed by 11.00 a.m. Thereafter, Presiding Officer did VINEET GULATI 2023.02.14 10:08 I attest to the accuracy and authenticity of this document Chandigarh

CR-4554-2018 -2not wait and at 11.45 a.m., impugned order was passed, thereby, stating about the opportunity to file written statement, deemed to have been waived off, on behalf of the present petitioner and thereupon, the case was fixed for recording of the ex-parte evidence. However, the Tribunal is supposed to pass any adverse order, with regard to filing or non-filing of any document/proceedings by a concerned person, till rising of the Court. However, the Tribunal in the prelunch session only, had passed an adverse order, even though, a request was made by the appearing counsel for filing of the written statement, on that very day.

Keeping in view the tone and tenor of the impugned order dated 21.03.2018 , the same is set aside, thereby, giving only one more opportunity to the petitioner to file the written statement, on the next date fixed before the Tribunal.

As such, the present revision petition stands disposed of. February 13, 2023 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2023.02.14 10:08 I attest to the accuracy and authenticity of this document Chandigarh