Court No. - 33
Case :- WRIT - C No. - 34682 of 2018 Petitioner :- Suresh Pal Singh Respondent :- Smt. Rekha And 03 Others Counsel for Petitioner :- I.P. Singh
Hon'ble Manoj Misra,J.
An amendment application along with supplementary has been filed today, which is taken on record.
In view of the nature of the order that is being passed, this Court does not consider it necessary to address the amendment application.
The petitioner is an opposite party in a claim petition preferred by the respondent no.1 which is pending before MACT/Special Judge (E.C. Act), Budaun as MACP No.40 of 2015. In the said claim petition, on 31.07.2015, three issues were framed and a date was fixed for leading of evidence. At that stage, it appears, the petitioner set up a defence as regards jurisdiction of the Tribunal to decide the claim petition.
There appears no issue framed in that regard although it is claimed by the petitioner that such issue arises for consideration from the pleadings of the parties.
Be that as it may, whether such issue arises for consideration from the pleadings of the parties, this Court considers it appropriate to dispose of this petition by giving liberty to the petitioner to press for framing of any such issue if it arises from the pleading of the parties. If any such application is filed by the petitioner, the Tribunal shall address the same and take an appropriate decision thereon in accordance with law after hearing the other side.
With the aforesaid liberty/observation, the petition is disposed off.
Order Date :- 29.10.2018 AKShukla/-