Allowed

Shri Shivaji Govind Patil v. Shri K Mohini Shenoy

Karnataka HC25 Nov 2020WP/105559/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition challenging an order holding the MACT lacked jurisdiction. The court relied on a parallel writ petition and set aside the impugned order, remitting the matter for adjudication.

What did the court decide?

Impugned order dated 28.02.2014 set aside; matter remitted to the Tribunal for adjudication of the claim petition within six months; parties directed to appear on 04.01.2021.

Shri Shivaji Govind Patil Vs Shri K Mohini Shenoy — Insurance | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF NOVEMBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

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W.P.NO.105559/2016 (GM-AC)

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BETWEEN:

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SHRI.SHIVAJI GOVIND PATIL, AGE: 51 YEARS, OCC: DRIVER, NOW NIL, R/O SHRI NAGAR, NIPPANI, TAL: CHIKODI, DIST: BELAGAVI,

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.. PETITIONER

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(BY SRI.VITTHAL S.TELI, ADV.)

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AND:

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SHRI.K.MOHINI SHENOY,

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AGE: MAJOR, OCC: BUSINESS, R/O M/S VAISHNAVI TRAVELS, SHOP No.1, TUMBE RESIDENCY, MARGAN’S GATE, MANGALORE.

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THE DIVISIONAL MANAGER,

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THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE-MADIWALE ARCADE, CLUB ROAD, BELAGAVI.

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.. RESPONDENTS

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(BY SRI.S.K.KAYAKAMATH, ADV. FOR R2, NOTICE TO R1 DISPENSED WITH)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 28.02.2014 PASSED IN MVC No.1963/2011 BY THE III ADDL. DISTRICT JUDGE & IV MACT, BELAGAVI AND COPY OF THE SAID ORDER IS PRODUED AT ANNEXURE-C.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner aggrieved by the order dated 28.02.2014 passed in MVC No.1963/2011 by the III Additional District Judge and IV MACT, Belagavi filed this petition.

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Brief facts of the case of the petitioner is that, petitioner has filed claim petition before the Principal MACT, Belagavi and Principal MACT, Belagavi registered the same as MVC No.1963/2011 and the same was made over to the III Additional District Judge & IV MACT, Belagavi. Respondent No.2 appeared and filed statement of objections. The Tribunal framed issues and posted for claimant’s evidence. The MACT passed an order holding that MACT has no jurisdiction to entertain the claim petition. Aggrieved by the said order, this writ petition is filed.

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Heard the learned counsel for the petitioner,

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learned counsel for respondent No.2 and perused the

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records.

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The subject matter involved in the present writ petition is covered by the decision rendered by this Court in W.P.No.105558/2016. Hence, this writ petition is also allowed in terms of the order passed by this Court in W.P.No.105558/2016.

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Accordingly, the writ petition is allowed. The order dated 28.04.2014 passed in MVC No.1963/2011 by the III Additional District Judge and IV MACT, Belagavi is set aside and the matter is remitted to the Tribunal to adjudicate the claim petition in accordance with law within a period of six months from the date of receipt of a certified copy of this order.

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6. Parties are directed to appear before the

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Tribunal on 04.01.2021 without awaiting any further notice

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from the Tribunal.

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Sd/JUDGE

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MBS/-

Shri Shivaji Govind Patil v. Shri K Mohini Shenoy

Case brief

What is this about?

What did the court decide?

Shri Shivaji Govind Patil v. Shri K Mohini Shenoy

Case brief

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