- (1.)This is an unfortunate case wherein the Presiding Officer of Court below in a simple matter has passed an order entering into inter se dispute between two Advocates and thereby not only has complicated the matter but the manner in which the impugned order has been passed and the other attending circumstances create a reasonable doubt in the mind of this Court about fairness, impartiality and honesty on the part of respondent no. 5.
(2.)Petitioners admittedly filed a claim petition under Section 163-A read with Section 140 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988"). A photocopy of application filed by petitioners has been placed on record as Annexure CA-1 to the counter affidavit of respondent no. 4. The aforesaid claim petition was filed by impleading Chola Mandlam M.S. Insurance Company Ltd. and Sri Latoori Singh as defendants no. 1 and 2. The claim petition was signed by both the petitioners. Every page of this claim petition also contains signature and seal of Sri R.M. Singh, Advocate. There is a printed vakalat-nama appended to this application which is in the name of Sri R.M. Singh in printed form but the name of Sri D.K. Saxena, Advocate, has been mentioned by pen. Interestingly the vakalat-name contains signatures of executants namely the two petitioners and Sri D.K. Saxena, Advocate. The seal of Sri R.M. Singh, Advocate, is there but it bears no signature of Sri R.M. Singh.
(3.)The claim petition was presented in the Court of District Judge, Bareilly by petitioner no. 1 in person duly identified by Sri R.M.Singh, Advocate. The District Judge directed to register the application and sought report of the Munsarim. The order sheet contains the signature of Sri R.M. Singh, Advocate along with his seal. The copy of order sheet placed on record as Annexure 4 to writ petition also shows that on various dates Sri D.K. Saxena, Advocate had appeared on behalf of claimants. The order sheet contains his signatures on the proceedings dated 9.11.2011 and 19.12.2011.