Allowed

National Insurance Co.Ltd.and Ors. v. State Consumer Dispute Commssn.and Ors.

J&K HC17 Aug 2021OWP/1061/2011

Case brief

AI extract

What is this about?

The High Court allowed an appeal where the State Commission's adverse observation against a senior official, made without affording a hearing, was deemed deleted to prevent a violation of natural justice, while keeping the rest of the judgment intact.

What did the court decide?

The observation that wrongly sworn affidavit was filed by Mr. Juneja in the operative portion of the judgment is deemed to have been deleted.

National Insurance Co.Ltd.and Ors. Vs… — Constitutional and Fundamental Rights | J&K HC (2021)

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S. No.03

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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OWP No. 1061/2011 (O&M)

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National Insurance Co. Ltd. And others

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...Appellant/Petitioner(s)

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Through :- Mr. Baldev Singh, Advocate

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v/s

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State Consumer Dispute Commission and others

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.....Respondent(s)

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Through :- None.

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Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE

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ORDER

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Notices issued to respondents No. 3 to 8 have not been received back served or un-served. Statutory period is over. Since no one is present on behalf of respondents No. 3 to 8, therefore, they are set ex parte.

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We have heard learned counsel for the petitioners.

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The short grievance projected by learned counsel for the petitioners is that though the petitioners may not be seriously opposed to the judgment impugned, yet they have a grievance with regard to the observations made by the State Commission in the operative part of the judgment. He submits that the Commission has attributed the submission of wrongly sworn affidavit along with condonation of delay application to Mr. C. S. Juneja, a senior official of the

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2 OWP No. 1061/2011

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petitioner-company. It is submitted by learned counsel for the petitioners that the aforesaid remarks came to be recorded in the impugned judgment without affording any opportunity of being heard to Mr. Juneja to explain his position.

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We agree with the submission of learned counsel for the petitioners and, accordingly, disposed of this petition by providing that the judgment impugned passed by the State Commission shall stand as it is. However, the observation of the Commission that wrongly sworn affidavit was filed by Mr. Juneja, senior official of the petitioner-company occurring in operative portion of the judgment shall be deemed to have been deleted. This is so because before making adverse observation against Mr. Juneja, principles of natural justice were

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not complied with and Mr. Juneja was not afforded an opportunity to explain his

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position.

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(PUNEET GUPTA) (SANJEEV KUMAR) JUDGE JUDGE JAMMU 17.08.2021 Paramjeet Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No

National Insurance Co.Ltd.and Ors. v. State Consumer Dispute Commssn.and Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Co.Ltd.and Ors. v. State Consumer Dispute Commssn.and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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