SARJUBEN VINUBHAI PATEL v. UNNI NARAYAN NAIR & 2

HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SARJUBEN VINUBHAI PATEL - Appellant(s) Versus UNNI NARAYAN NAIR & 2 - Defendant(s) ========================================================= Appearance : MR MTM HAKIM for Appellant(s) : 1, RULE SERVED for Defendant(s) : 1 - 3. MR PALAK H THAKKAR for Defendant(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 02/03/2012 ORAL JUDGMENT FA/1638/2011 JUDGMENT

Heard. This is an appeal by the original claimant challenging the order dated 14.03.2011 passed below application Exhibit-6 under Section 140 of the Motor Vehicles Act, 1988, whereby the said application was rejected. Looking to the facts of the case, I am of the opinion, that the view taken by the Tribunal is tentative and any observations that may be made by this Court on the merits of the case may prejudicially affect the interest of either parties before the Tribunal since the main claim petition is still pending. Having considered the overall facts and circumstances of the case, I am of the view that interest of justice would be met by directing to expedite the main claim petition pending before the Tribunal.

Accordingly, the main claim petition being M.A.C.P. No. 275/2009 pending before the Tribunal concerned shall be heard and disposed of as expeditiously as possible and preferably within a period of two years from the date of writ of this order. Both the sides shall be at liberty to adduce evidence, which shall be duly considered by the Tribunal while deciding the matter afresh. It is, however, observed that this Court has not entered into the merits of the case and the Tribunal shall consider the case afresh without being influenced by the earlier order passed below application Exhibit-6. FA/1638/2011 JUDGMENT

It is directed that the original claimants shall file an undertaking before the Tribunal concerned to the effect that the main claim petition shall not be abandoned, shall not be withdrawn and shall not be permitted to be dismissed for default or for any other cause, and that the claimants shall pursue the main claim petition on merits.

With the aforesaid directions, the appeal stands disposed of accordingly. [K.S. JHAVERI, J.] /phalguni/