Allowed

Parna Das (Sasmal) v. Leela Sinha and Anr.

Calcutta HC22 Nov 2022CO/863/2022

Case brief

AI extract

What is this about?

In an application under Section 24 CPC, the court allowed a female petitioner, an unemployed housewife residing 70 km away, to transfer her motor accident claim case from the Alipore tribunal to the Serampore tribunal for ease of access, directing the relevant district judges to effect the transfer within three weeks.

What did the court decide?

Transfer of MAC case no. 546 of 2021 from Alipore tribunal to Serampore tribunal ordered within three weeks.

Parna Das (Sasmal) Vs Leela Sinha and Anr. — Motor Accident Claims | Calcutta HC (2022)

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22.11.2022 149 Ct. no. 652 sb

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C.O. 863 of 2022

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Parna Das (Sasmal) Vs. Leela Sinha & anr.

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Mr. Basudeb Gayan …for the petitioner Mr. Malay Bhattacharya Mr. Subhrojyoti Ghosh Ms. Sudipa Sengupta …for the O.P. no. 1

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Opposite party no. 2 is not represented.

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This is an application under Section 24 of the Code of Civil Procedure seeking transfer of MACC case no. 546 of 2021 pending before the MAC Tribunal-cumAdditional District Judge, 5^th Court, Alipore to the MAC Tribunal at Serampore.

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The petitioner contended that he filed the aforesaid MAC case no. 546 of 2021 before MAC tribunal at Alipore, as at the relevant point of time, the petitioner used to reside within the jurisdiction of Alipore court. The petitioner lost her husband in the accident which occurred on 21.6.2019. On account of some inconveniences, the petitioner with her minor child have been forced to take shelter at her father in law’s house at Uttarpara which is within the jurisdiction of MAC tribunal, Serampore. The petitioner being a helpless lady is suffering a lot of difficulties and inconveniences at

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present to attend the Alipore court from Uttarpara, in order to conduct said proceeding as it involves distance of about 70 kilometres from her house. The petitioner requires to avail rickshaw from her house to reach Uttarpara railway station and thereafter, she requires to reach Howrah station and from Howrah station she is required to go Alipore court by bus service. The petitioner is an unemployed housewife and there is none to accompany the petitioner and accordingly, the petitioner had prayed for aforesaid transfer.

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The opposite party no. 1 contended that the vedicle in question was insured to the opposite party no. 2 and the opposite party no. 2 is supposed to contest the said proceeding.

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Having considered the facts and circumstances of the case and also considering the fact that the petitioner is an unemployed lady and is not habituated with the aforesaid journey, the prayer made by the petitioner is allowed.

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Accordingly, learned District Judge, South 24 parganas, Alipore is directed to withdraw the MAC case no 546 of 2021 pending before the Mac Tribunal-cumAdditional District Judge, 5^th Court, Alipore and to transmit the same to the learned District Judge, Hooghly within a period of three weeks from the date of communication of the order, who in turn will transfer the

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same before the MAC Tribunal having jurisdiction at Serampore within three weeks thereafter.

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The transferee tribunal shall serve fresh notice upon both the parties intimating the next date of hearing before proceeding further with the aforesaid Motor Accident Claim case.

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The department is directed to send a copy of the order to the learned District Judge, Alipore, South 24 parganas and learned District Judge, Hooghly, at Chinsurah.

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Accordingly, C.O. 863 of 2022 is disposed of.

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Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

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(Ajoy Kumar Mukherjee, J.)

Parna Das (Sasmal) v. Leela Sinha and Anr.

Case brief

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Parna Das (Sasmal) v. Leela Sinha and Anr.

Case brief

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