- (1.) THIS is an application under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure. In our opinion Section 151 of the Code of Civil Procedure is not applicable in the facts and circumstances of this case as the Petitioner is trying to set aside the order passed by a Tribunal and has invoked the jurisdiction of this Court under Article 227 of the Constitution of India. After the 42nd amendment of the Constitution reads as follows: Every High Court shall have superintendence over all Courts subject to its appellate jurisdiction. Mr. Bhattacharyya is moving this application against an order made by the Motor Claims Tribunal under Section 110A of the Motor Vehicles Act. As it is a statutory tribunal application under Article 227 will not lie. It is exactly the objection taken by Miss Jaya Bose appearing for opposite party. No. 1. Mr. Bhattacharyya thereupon contended that he might be given liberty to move in the other forum which is open to him. This order is made without prejudice to any right to the Petitioner to move in other Court having jurisdiction set aside the order of a tribunal.
(2.) WHILE issuing the Rule we have directed the sum of Rs. 25,000/ - may be deposited before the Registrar, Appellate Side. This money will not be withdrawn by any of the parties for eight weeks from today. Thereafter the party entitled to it may apply for withdrawal of the same. The Rule is therefore discharged. There will be no order as to costs.;