Court No. - 2
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 607 of 2006 Appellant :- Gaya Din Respondent :- The Oriental Insurance Co. Ltd. And Others Counsel for Appellant :- Sharve Singh Counsel for Respondent:- S.K. Mehrotra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. This Court seeks assistance of Sri S.K. Mehrotra- Advocate who normally appears for Oriental Insurance Company Limited.
2. Delay of 7 days in filing the present appeal having been condoned vide order of date passed on Delay Condonation Application, let appeal be registered with regular number.
3. The Tribunal could not have dismissed the appeal for want of prosecution, hence the judgment without going into facts is required to be quashed and set aside. The Tribunal should have decided the MACP Claim on its merits. There were four connected matters which were also pending and ,therefore, dismissing the claim petition for default in a summery cursory manner is not just and proper. I am fortified in my view by the judgment of Chhattisgarh High Court which has followed the judgment of this High Court in Fulkunwar Bargaah and others Vs. Suresh Kumar Sahoo and others, 2014 ACJ 1382 and United India Insurance Company Limited Vs. Additional District and Sessions Judge, Muzaffarnagar, 2005 ACJ 470 ( Allahabad). Hence, the case is restored to file.
4. The proceedings shall commence immediately from the stage where it was dismissed after issuance of notice to all the parties.
5. The matter is remanded to the Tribunal to decide the same a fresh if the other four matter which were pending are yet not decided. If the same is decided, the Tribunal shall decide on quantum. The appellant shall lead oral documentary evidence on or before 31st December, 2018 before the Tribunal.
6. This appeal is partly allowed. Copy of this order be sent by the Office to the Tribunal immediately.
Order Date :- 28.5.2018 Mukesh
Court No. - 2
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 607 of 2006 Appellant :- Gaya Din Respondent :- The Oriental Insurance Co. Ltd. And Others Counsel for Appellant :- Sharve Singh,A.L. Jaiswal
Hon'ble Dr. Kaushal Jayendra Thaker,J.
(In Re:- Delay Condonation Application )
1. This is an application seeking condonation of delay in filing appeal.
2. Cause shown is sufficient.
3. Delay in filing appeal is hereby condoned.
4. This application, accordingly, stands allowed.
Order Date :- 28.5.2018 Mukesh