Allowed

Abcn Logistics Pvt. Ltd, Thr. Bilpal Singh Bedi v. Ce General Insurance Co. Ltd. and 6 Ors.

Bombay HC2 Mar 2023CA/13/2023

Case brief

AI extract

What is this about?

This is an oral order allowing a first appeal wherein the court set aside a direction for pay and recover made by the Tribunal, adopting reasoning from a related prior judgment on the same accident, and dismissing the connected civil application.

What did the court decide?

The direction for pay and recover made by the Tribunal in the impugned award was set aside. The appeal is allowed to this extent. No order as to costs.

Abcn Logistics Pvt. Ltd, Thr. Bilpal Singh Bedi Vs Ce General… — Insurance | Bombay HC (2023)

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31-FA-9-2023 & CA-13-2023.DOC

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Niti

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IN THE HIGH COURT OF BOMBAY AT GOA

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FIRST APPEAL NO.9 OF 2023 AND CIVIL APPLICATION NO.13 OF 2023

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ABCN LOGISTICS PVT. LTD., THR. PRITPAL SINGH BEDI ….APPELLANT

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Versus

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RELIANCE GENERAL INSURANCE CO. LTD. AND 6 ORS. ….RESPONDENTS

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Mr. Vibhav Amonkar, Advocate for the Appellant. Mr. S. Keny holding for Mr. James Lopes, Advocate for Respondent No.1.

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CORAM: M. S. SONAK, J. DATE : 2^nd MARCH 2023

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ORAL ORDER :

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1. Heard Mr. Vibhav Amonkar for the appellant.

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2. On 13.01.2023, following order was made whilst disposing of Misc. Civil Application No.5 of 2021:

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“P.C.:

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Heard Mr. S. Vidyarthi, learned counsel for the Applicant, and Mr. J. Lopes learned counsel for Respondent No.1-Insurance Company.

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Page 1 of 3 2^nd March 2023

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31-FA-9-2023 & CA-13-2023.DOC

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Though the service is not complete on Respondent Nos.2 to 7, the contesting party is Respondent No.1 because what the Applicant impugns in the accompanying appeal is the order for pay and recover.

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Accordingly, the delay of 619 days in the institution of this appeal is condoned. The reason for this delay has been set out in the Civil Application. Though the Applicant is not diligent in this matter, the delay is such as can be condoned by compensating the Insurance Company with some costs.

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In the connected appeal, the delay was condoned subject to payment of costs of 50,000/-. ₹

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In this matter, the delay is condoned subject to payment of costs of 25,000/-. ₹

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Such costs are to be paid within two weeks from today. If the costs are paid within two weeks from today then the appeal should be registered and placed for admission/final disposal on 16.02.2023.

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However, if the costs are not paid within two weeks from today then this Civil Application and consequently the appeal itself to stand dismissed without further reference to this Court.

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The Misc. Civil Application is disposed of accordingly.”

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Page 2 of 3 2^nd March 2023

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31-FA-9-2023 & CA-13-2023.DOC

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3. Mr. Amonkar states that costs have been paid and the delay stands condoned. The above order had made it clear that the appeal should be placed for admission/final disposal on 16.02.2023.

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4. The issue raised in this appeal is covered by judgment and order dated 17.01.2023 in the case of ABCN Logistics Pvt. Ltd. V/s. Reliance General Insurance Co. Ltd. & Ors. in First Appeal Nos.891/2021(F) and 894/2021(F). The two appeals concerned the very same accident. The issues raised were also common.

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5. Therefore, by adopting the reasoning in the judgment and order dated 17.01.2023, referred to above, this appeal is disposed of by setting aside the direction for pay and recover made by the Tribunal in the impugned award.

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6. The appeal is allowed to the above extent. There shall be no order for costs.

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7. The civil application does not survive and the same is disposed of.

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M. S. SONAK, J.

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NITI K Digitally signed by NITI K HALDANKAR HALDANKAR Date: 2023.03.03 10:51:54 +05'30'

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Page 3 of 3 2^nd March 2023

Abcn Logistics Pvt. Ltd, Thr. Bilpal Singh Bedi v. Ce General Insurance Co. Ltd. and 6 Ors.

Case brief

What is this about?

What did the court decide?

Abcn Logistics Pvt. Ltd, Thr. Bilpal Singh Bedi v. Ce General Insurance Co. Ltd. and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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