Allowed

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

Bombay HC2 Mar 2023FA/9/2023

Case brief

AI extract

What is this about?

This appeal concerns a dispute over insurance recovery following an accident. The court allowed the appeal based on reasoning in a connected case, setting aside the Tribunal's direction for pay and recover. The application had its delay condoned upon payment of costs by the appellant.

What did the court decide?

The direction for pay and recover made by the Tribunal in the impugned award is set aside.

Abcn Logistics Pvt. Ltd., Thr. Pritpal Singh Bedi Vs… — Banking and Recovery | 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

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….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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1. 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

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2nd March 2023

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

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2. 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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3. 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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4. In the connected appeal, the delay was condoned subject to payment of costs of 50,000/-. ₹

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

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6. 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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7. 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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8. 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. Pritpal Singh Bedi v. Reliance General Insurance Co. Ltd. and 6 Ors.

Case brief

What is this about?

What did the court decide?

Abcn Logistics Pvt. Ltd., Thr. Pritpal Singh Bedi v. Reliance 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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