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2015 Supreme(All) 1157

MANOJ KUMAR GUPTA
MUNTJIR – Appellant
Versus
GENERAL MANAGER PNB METLIFE INSURANCE CO. LTD. – Respondent


Advocates:
Counsel :
V.C. Dixit for the Petitioner.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—This petition as originally drafted under Article 226 of the Constitution is for quashing of the order passed by the Permanent Lok Adalat constituted under the provisions of the Legal Services Authorities Act, 1987. It is pointed out by learned counsel for the petitioner that the Stamp Reporter refused to accept the petition on the ground that a petition under Article 226 would not be maintainable, and the petitioner can only file a petition under Article 227 of the Constitution. It is further pointed out by learned counsel for the petitioner that he personally went to the Stamp Reporter and requested him to accept the petition, as framed, inasmuch as, there is no legal embargo in maintaining a petition under Article 226 of the Constitution, challenging the order of a tribunal.

2. He also placed reliance on the judgment of the Supreme Court in the case of Radhey Shyam and another v. Chhabi Nath and others, (2015) 5 SCC 423, wherein, according to him, the legal embargo in maintaining a petition under Article 226 of the Constitution, is in respect of orders passed by the Civil Courts and not in respect of the order passed by a tribunal. He points











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