Disposed

National Insurance Company Ltd. v. Munish Kumar

Himachal Pradesh HC9 Sept 2024CMP/16105/2024

Case brief

AI extract

What is this about?

This order disposed of an application requesting the submission of records from a connected MACT petition to enable the Trial Court to decide a pending matter within the specified timeline, despite the lack of a Presiding Officer at the MACT, Shimla.

What did the court decide?

Registry directed to return the record of MACT Petition RBT No.5-R/2 of 2014/12. Directed to decide matter by 31.12.2024.

National Insurance Company Ltd. Vs… — Civil Procedure and Limitation | Himachal Pradesh HC (2024)

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National Insurance Co. Vs. Munish Kumar

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FAO No.526 of 2016

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09.09.2024

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Present: Mr. Basant Pal Thakur, Advocate, for the applicants/appellants.

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None for respondent No.1.

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Ms. Parul Negi, Advocate, vice Mr. Amit Kumar Dhumal, Advocate for respondent No.2.

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Mr. Raj Negi, Advocate for respondent No.3.

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Mr. Ashok Kumar, Advocate for respondent No.4.

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CMP No.16105 of 2024

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While deciding application, bearing CMP

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No.10002 of 2024, on 01.07.2024, this Court has passed the following order:-

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“Vide order dated 14.05.2024, the learned MACT-IV, Shimla was directed to decide the application, under Order IX Rule 13 of CPC, within a period of two months, from the date of passing of the said order. By way of the present application, a fact has been brought on record of this Court that the Court of learned MACT-IV, Shimla, is without Presiding Officer.

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In such situation, the case file is ordered to be taken out from the docket of the said Court and assigned to the learned MACT, Shimla, with a direction to the said Tribunal to decide the matter, within a period of three months, from today.

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Application is, thus, disposed of.

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Let copy of this order be sent to the learned MACT, Shimla, for compliance.”

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Thereafter, by moving the present application,

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a request has been made to submit the record of MACT Petition RBT No.5-R/2 of 2014/12 titled as ‘Munish Kumar Vs. Amrit Lal’.

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Considering the said factual position, the prayer, so made, in the application, is allowed. Registry

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is directed to return the record of abovementioned MACT Petition.

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Keeping in view the fact that vide order dated 01.07.2024, the learned MACT, Shimla was directed to decide the matter, within a period of three months, from the date of passing of the said order and the said timeline cannot be achieved by the learned MACT, Shimla, without the aforementioned record, the learned MACT, Shimla is now directed to decide the matter on or

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before 31.12.2024.

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Application is, thus, disposed of.

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September 09, 2024 ( Virender Singh ) ( Gaurav Thakur ) Judge

National Insurance Company Ltd. v. Munish Kumar

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Munish Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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