Moloy Mandal v. Pradip Aich

13.02.2026 Item No.11 Ct. No. 30 Aloke CO 3032 of 2025 with CAN 1 of 2025 Moloy Mandal Vs.

Pradip Aich Mr. Samrat Choudhury Mr. Romit Naskar ..for the petitioner Mr. Ayush Majumder Mr. N. Shah ... for the respondent 1.

The civil revisional application has been preferred praying for transfer of M.A.C. Case No. 171 of 2024, presently pending before the learned Additional District Judge, Fast Track 2nd Court, Purba Bardhaman-cumMotor Accident Claim Tribunal, Purba Bardhaman to the M.A.C. Tribunal at Berhampore.

2.

Affidavit-of-service filed be kept with the record. 3.

On hearing the learned counsels for the parties, it appears that admittedly the opposite party/victim in the M.A.C. case is a practicing lawyer and member of the Bar Association of Purba Bardhaman.

4.

It is the contention of the owner/opposite party/petitioner herein that he is unable to engage an Advocate to defend his case at Purba Bardhaman, in view of the fact that the opposite party herein is a member of the District Bar Association for which he is being severely prejudiced.

5.

It appears from the claim application before the Tribunal that the place of accident at Berhampore, Lalbagh Bypass under the jurisdiction of Murshidabad. 6.

Accordingly, considering the said facts, the revisional application is disposed of with the direction that M.A.C. Case No. 171 of 2024, pending before the learned Additional District Judge, Fast Track 2nd Court, Purba Bardhaman-cum-Motor Accident Claim Tribunal be withdrawn and be transferred to the respective learned Additional District Judge-cum-Motor Accident Claim Tribunal at Berhampore.

7.

The concerned transferee Tribunal shall take up the matter for hearing after due notice to both the parties and make all endeavour to dispose of the case expeditiously.

8. C.O. 3032 of 2025 stands disposed of.

9. Liberty to the learned counsels to communicate the gist of this order to the concerned Courts considering the fact that the next date is fixed on 16th February, 2026. 10.

Connected application, if any, stands disposed of. 11.

Interim order, if any, stands vacated.

12.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)