MCA/33/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 33 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= DHARAMSHIBHAI LALJIBHAI PATEL - Applicant(s) Versus PATEL MANJIBHAI HIRJIBHAI & 5 - Opponent(s) ========================================================= Appearance : MR PRAVIN GONDALIYA for Applicant(s) : 1, NOTICE SERVED for Opponent(s) : 1 - 2. MR DAKSHESH MEHTA for Opponent(s) : 3, SERVED BY AFFIX.(N) for Opponent(s) : 4, NOTICE NOT RECD BACK for Opponent(s) : 5 - 6. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 31/07/2008 ORAL JUDGMENT 1. RULE. Mr.Dakshesh Mehta, learned advocate waives the service of notice of admission on behalf of the respondent No.3. Though served nobody appears on MCA/33/2008 2/3 JUDGMENT behalf of the other respondents. 2. Present petition is filed by the petitioner – original claimant of Motor Accident Claim Petition No. 1444 of 2006 pending in the Motor Accident Claim Tribunal, Himmatnagar, under sec.24 of the Code of Civil Procedure, to transfer the same in the Motor Accident Claim Tribunal, Ahmedabad Rural. 3. It is submitted by the learned advocate appearing on behalf of the petitioner that other two claim petitions being Motor Accident Claim Petition Nos.514 and 515 of 2007, arising out of the same accident, are pending in the Motor Accident Claim Tribunal, Ahmedabad Rural and therefore requested to transfer the proceedings from Motor Accident Claim Tribunal, Himmatnagar to Motor Accident Claim Tribunal, Ahmedabad Rural to avoid conflicting orders on negligence etc. in the fitness of things. 4. M.Dakshesh Mehta, learned advocate appearing on behalf of the respondent No.3 has no objection, if the proceedings are transferred to Motor Accident Claim Tribunal, Ahmedabad Rural. 5. Having heard the learned advocate appearing on behalf MCA/33/2008 3/3 JUDGMENT of the respective parties and in the facts and circumstances of the case, the petition is allowed. It is hereby ordered to transfer Motor Accident Claim Petition No. 1444 of 2006 from the Motor Accident Claim Tribunal, Himmatnagar to Motor Accident Claim Tribunal, Ahmedabad Rural and the same is ordered to be heard along with Motor Accident Claim Petition Nos.514 and 515 of 2007. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs. [M.R. SHAH, J.] rafik