The Nagpur Bench dismissed a writ petition challenging an award under Section 140 of the Motor Vehicles Act, holding that a writ is not maintainable and that the proper remedy is a first appeal.
Writ petition dismissed holding first appeal is the remedy against Section 140 award.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 1398 OF 2000
Ankush Ganpat Rathod Vs.
Laxmibai wd/o Laxman Dahatonde & 2 Others
------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders.
Court's or Judge's
Mr. S. D. Desai Adv h/f Mr. P. B. Patil Adv for appellant.
CORAM: K. U. CHANDIWAL J. DATED: 13th AUGUST, 2010.
Record does not indicate that order dated 9th October 2002 of depositing Rs. 50,000/- is complied with. The matter revolves to a claim under Section 140 of the Motor Vehicles Act. Writ Petition would not lie against such orders as under Section 173 of the Motor Vehicles Act there being an award in terms of Section 140 of the Motor Vehicles Act First Appeal would have to be preferred. Writ Petition dismissed.
JUDGE
svk
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2 issues framed by the court
Whether a writ petition lies under Article 226 of the Constitution against an award made under Section 140 of the Motor Vehicles Act.
Whether the remedy of filing a first appeal under Section 173 of the Motor Vehicles Act is the exclusive remedy against such awards.
2 provisions across 1 enactments
Ankush Ganpat Rathod
Laxmibai wd/o Laxman Dahatonde
2 Others
K. U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
