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REKHA PALLI
Ramsujan Patel – Appellant
Versus
Dayanand Singh – Respondent
| Table of Content |
|---|
| 1. petition seeks to challenge order due to jurisdiction issues. (Para 1) |
| 2. counsel argues order is perverse due to territorial jurisdiction. (Para 2) |
| 3. respondent opposes petition citing delay and laches. (Para 3) |
| 4. court acknowledges delay due to pandemic and jurisdiction. (Para 4) |
| 5. delay deemed not inordinate; claim petition maintainable. (Para 5) |
| 6. court allows petition, remands for adjudication. (Para 6) |
JUDGMENT
Rekha Palli, J. (Oral)--The present petition under Article 227 of the Constitution of India seeks to assail the order dated 20.09.2018 passed by the learned Motor Accident Claim Tribunal(MACT) whereby the claim petition preferred by the petitioners was directed to be returned to them for want of territorial jurisdiction with liberty to file the same before a Court of competent jurisdiction having the necessary territorial jurisdiction
2. Learned counsel for the petitioner submits that the impugned order is wholly perverse as the learned Tribunal failed to appreciate that once the office of the Insurer was situated within the territorial jurisdiction of the learned Tribunal at Patiala House Courts, New Delhi, the claim petition preferred by the petiti
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