JUDGMENT 1. - Heard learned counsel for the parties. 2. Mr. Hemant Jain, learned counsel for the petitioners submits that three identical writ petitions have been disposed of by a coordinate bench of this Court in the following terms. One copy of such order dated 7.2.2012 passed by a coordinate bench of this Court in S.B.C.W.P. No. 1012 of 2012, Mahaveer & Anr. v. Kalu Ram & Ors. , is placed on record by the learned counsel for the petitioners, in which it has been held as under: "Heard learned counsel for the petitioners. It is submitted by the counsel for the petitioners that although some time was granted by Motor Accident Claims Tribunal, Srikaranpur to file reply to petitioners (driver and owner of tractor) but due to unavoidable circumstances, they did not file reply, therefore, in the interest of justice, one opportunity to file reply to claim petition may be granted. After perusing the order impugned dated 17.9.2011 and order sheets dated 22.10.2011 and 30.11.2011 it appears that after passing order to close the opportunity to file reply, nothing has been done in the claim petition filed by the respondents, therefore, in the interest of justice, the order dated 17.9.2011 is hereby quashed to the extent of closing opportunity to file reply and the Motor Accident Claims Tribunal, Sri Karanpur is directed to grant one opportunity to file their reply on next date of hearing. Upon filing reply, the same may be taken on record. If reply is not filed on next date of hearing, then the Tribunal will be at liberty to proceed further without reply. With these direction/observations, this writ petition is disposed of." 3. Mr. Himmat Jagga, learned counsel for the respondents is unable to controvert these submissions. 4. The issue raised in the present writ petition is very limited and the petitioners (driver and owner) have not been allowed to file their written statement/reply to the claim petition, therefore, in the interest of justice and in view of order passed by a coordinate bench of this Court, referred above, the present writ petition is also disposed of in the same terms. The order dated 17.9.2011 (Anex.2) passed by learned Judge, Motor Accident Claims Tribunal- cum-Additional District Judge, Sri Karanpur in Civil Misc. Case No. 9 of 2010, Kalawati Devi v. Mahaveer & Ors. is quashed to the extent of closing opportunity to file reply.
The order dated 17.9.2011 (Anex.2) passed by learned Judge, Motor Accident Claims Tribunal- cum-Additional District Judge, Sri Karanpur in Civil Misc. Case No. 9 of 2010, Kalawati Devi v. Mahaveer & Ors. is quashed to the extent of closing opportunity to file reply. The Motor Accident Claims Tribunal, Sri Karanpur is directed to grant one opportunity to file their reply on next date of hearing. Upon filing reply, which should be filed within fifteen days from today positively, the same may be taken on record by the Tribunal. if reply is not filed within fifteen days, then the Tribunal will be at liberty to proceed further. 5. With these observations and directions, the writ petition is disposed of. No costs. A copy of this order be sent to the concerned parties and the learned MACT, Srikaranpur, forthwith. *******