Moloy Mandal Vs Pradip Aich — Calcutta HC (2026) — LawSathi Research

Moloy Mandal Vs Pradip Aich — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of M.A.C. Case No. 171 of 2024 from the learned Additional District Judge, Fast Track 2nd Court, Purba Bardhaman-cum-Motor Accident Claim Tribunal to the learned Additional District Judge-cum-Motor Accident Claim Tribunal at Berhampore; transferee Tribunal to hear after due notice to both parties and dispose expeditiously; liberty to learned counsels to communicate the gist of the order (next date fixed 16th February, 2026); interim order, if any, vacated; connected application disposed of.

Issue for consideration

Whether M.A.C. Case No. 171 of 2024, pending before the learned Additional District Judge, Fast Track 2nd Court, Purba Bardhaman-cum-Motor Accident Claim Tribunal, should be transferred to the M.A.C. Tribunal at Berhampore.

Court's answer

The opposite party/victim in the M.A.C. case is a practicing lawyer and member of the Bar Association of Purba Bardhaman.

Ratio / Principle

From the claim application, the place of accident is at Berhampore, Lalbagh Bypass, under the jurisdiction of Murshidabad.

Key takeaways

The revisional application is disposed of with the direction that M.A.C. Case No. 171 of 2024, pending before the learned Additional District Judge, Fast Track 2nd Court, Purba Bardhaman-cum-Motor Accident Claim Tribunal, be withdrawn and transferred to the learned Additional District Judge-cum-Motor Accident Claim Tribunal at Berhampore.ratio¶6
The concerned transferee Tribunal shall take up the matter for hearing after due notice to both parties and make all endeavour to dispose of the case expeditiously.ratio¶7

Detailed headnote1 paragraphs

Transfer of motor accident claim case — C.O. 3032 of 2025 (with CAN 1 of 2025) disposed of with direction to withdraw M.A.C. Case No. 171 of 2024 from the learned Additional District Judge, Fast Track 2nd Court, Purba Bardhaman-cum-Motor Accident Claim Tribunal and transfer it to the learned Additional District Judge-cum-Motor Accident Claim Tribunal at Berhampore. Grounds: the opposite party/victim in the M.A.C. case is a practicing lawyer and member of the Bar Association of Purba Bardhaman, on which account the petitioner/owner contended he was unable to engage an advocate at Purba Bardhaman and was severely prejudiced; the place of accident (Berhampore, Lalbagh Bypass) lies under Murshidabad jurisdiction. Transferee Tribunal to take up the matter after due notice to both parties and endeavour expeditious disposal; interim order, if any, vacated; connected application disposed of; liberty to counsel to communicate gist of the order, next date 16th February, 2026. (Shampa Dutt (Paul), J.)

13.02.2026 Item No.11 Ct. No. 30 Aloke

CO 3032 of 2025 with CAN 1 of 2025

Moloy Mandal Vs. Pradip Aich

Mr. Samrat Choudhury Mr. Romit Naskar

..for the petitioner

Mr. Ayush Majumder

Mr. N. Shah

… for the respondent

The civil revisional application has been preferred praying for transfer of M.A.C. Case No. 171 of 2024, presently pending before the learned Additional District Judge, Fast Track 2^nd Court, Purba Bardhaman-cumMotor Accident Claim Tribunal, Purba Bardhaman to the M.A.C. Tribunal at Berhampore.

Affidavit-of-service filed be kept with the record.

On hearing the learned counsels for the parties, it appears that admittedly the opposite party/victim in the M.A.C. case is a practicing lawyer and member of the Bar Association of Purba Bardhaman.

It is the contention of the owner/opposite party/petitioner herein that he is unable to engage an Advocate to defend his case at Purba Bardhaman, in view of the fact that the opposite party herein is a member of the District Bar Association for which he is being severely prejudiced.

2

It appears from the claim application before the Tribunal that the place of accident at Berhampore, Lalbagh Bypass under the jurisdiction of Murshidabad .

Accordingly, considering the said facts, the revisional application is disposed of with the direction that M.A.C. Case No. 171 of 2024, pending before the learned Additional District Judge, Fast Track 2^nd Court, Purba Bardhaman-cum-Motor Accident Claim Tribunal be withdrawn and be transferred to the respective learned Additional District Judge-cum-Motor Accident Claim Tribunal at Berhampore.

The concerned transferee Tribunal shall take up the matter for hearing after due notice to both the parties and make all endeavour to dispose of the case expeditiously.

C.O. 3032 of 2025 stands disposed of.

Liberty to the learned counsels to communicate the

gist of this order to the concerned Courts considering the fact that the next date is fixed on 16^th February, 2026.

Connected application, if any, stands disposed of.

Interim order, if any, stands vacated.

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

(Shampa Dutt (Paul), J.)