Harmanjeet Singh v. Vedwati And ORS.

T.A.No.1345 of 2022(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA No.1345 of 2022 (O&M) Date of decision: 09.12.2022 Harmanjeet Singh

...Petitioner(s)

vs Vedwati and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Rajesh Lamba, Advocate for the petitioner. *** NIDHI GUPTA, J.(Oral) Prayer in this petition is for transfer of the case bearing No.MACP-203 of 2020 filed by respondents under Section 166 of Motor Vehicles Act, titled "Vedwati and others vs. Harmanjeet Singh and others" pending before Ld. Motor Accident Claims Tribunal, Faridabad, to any other court in State of Haryana.

Learned counsel for the petitioner, inter alia, submits that the petitioner has been implicated in the aforesaid case and when he went to attend the hearing in the case at Faridabad, he was given beatings by few Advocates, who claimed to be relatives of deceased. Thus, the petitioner apprehends threat to his life at Judicial Complex, Faridabad. Ms. Monika Beniwal, Advocate for Mr. Amit Parashar, Advocate and Mr. Sanjeev Kodan, Advocate, put in appearance on behalf of respondents No.1 to 5 and 7, respectively, and file their vakalatnama, which are taken on record.

Learned counsel for the respondents submit that the trial in the aforesaid case before the MACT, Faridabad, is at its fag end. Heard.

ASHOK KUMAR 2022.12.13 16:26 I attest to the accuracy and integrity of this document

T.A.No.1345 of 2022(O&M) Learned counsel for the respondents though disputes the assertions made by the petitioner, is unable to effectively controvert the apprehension borne by the petitioner. Moreover, both the parties consent to transfer of proceedings of above mentioned MACP-203 of 2020 to Court of competent jurisdiction in Palwal.

In view of the above, this Court deems it appropriate to allow the present petition and the petition bearing No.MACP-203 of 2020 filed by respondents under Section 166 of Motor Vehicles Act, titled "Vedwati and others vs. Harmanjeet Singh and others" pending before Ld. Motor Accident Claims Tribunal, Faridabad, is transferred to a court of competent jurisdiction at Palwal, with the following directions:- a) The ld. District Judge, Faridabad is directed to transfer complete record pertaining to the aforesaid case to District Judge, Palwal.

b) The parties are directed to appear before the District & Sessions Judge, Palwal on 10.01.2023.

c) The District Judge, Palwal will assign the said petition to the Court of competent jurisdiction. 09.12.2022 (Nidhi Gupta) ashok Judge Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No ASHOK KUMAR 2022.12.13 16:26 I attest to the accuracy and integrity of this document