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DELHI HIGH COURT
PRATHIBA M.SINGH
Saddam Husain – Appellant
Versus
Ram Prasad – Respondent
| Table of Content |
|---|
| 1. challenge to mact's dismissal of claim petition. (Para 3 , 4 , 5 , 6) |
| 2. arguments on jurisdiction and restoration of petition. (Para 7 , 8) |
| 3. court's interpretation of jurisdiction and withdrawal implications. (Para 9 , 10 , 11) |
| 4. restoration of claim petition with conditions. (Para 12 , 13 , 14) |
| 5. conclusion and direction to proceed with claim. (Para 15 , 16) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode (physical and virtual hearing).
CM APPL. 3497/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CM (M) 81/2021
3. The present petition has been filed challenging the impugned order dated 1st February 2020, passed by the Presiding Officer, Motor Accident Claims Tribunal, South District, Saket Courts (hereinafter, "MACT"), vide which the application of the Petitioner, for restoration of the claim petition before the MACT has been dismissed.
4. The brief background is that the mother of the Petitioner met with an accident while she was travelling by a bus in Uttar Pradesh. The Petitioner then filed the claim petition before the Presiding Officer, MACT on 19th Mar
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