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2013 Supreme(Bom) 2177

NARESH H.PATIL, F.M.REIS
. – Appellant
Versus
Chief Secretary, Government of Goa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Y.V. Nadkarni, Amicus Curiae.
For the Respondents:A.N.S. Nadkarni, Advocate General with K. Noorani, Additional Government Advocate.

Judgment :

F.M. Reis, J.

Heard Shri Y. V. Nadkarni, learned Amicus Curiae appointed by this Court and Shri A. N. S. Nadkarni, learned Advocate General, appearing on behalf of the Respondents.

2. The above Suo Moto Writ Petition was registered in view of a submission dated 19.07.2013 by the learned Registrar (Judicial) & Member Secretary of the Goa State Legal Services Authority. The issue raised is as under:

“Whether a claimant/s, as the case may be, whose claim petition/s is/are referred, to any one of the modes of settlement of dispute, as per Section 89 of CPC and settled amicably, by one of such mode, should be left high and dry in the matter of refund of fees paid as per Rule 278(i) of the Motor Vehicles Rules, 1991, for want of specific provisions under the said rule ?”

3. On the basis of the said submission, this Court issued a notice to the Respondents vide Order dated 30.07.2013 and called upon them to file an affidavit with that regard. The stand of the State Government came to be stated by the affidavit filed by the Respondents on record dated 22.08.2013.

4. It is the stand of the Respondents in the affidavit that the claimant is entitled to a certificate from the Co


































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