Partly allowed

Smt Chahanya Bai and Ors. v. Raju Lal Meena and Ors.

Rajasthan HC23 Mar 2015CMA/3033/2013

Case brief

AI extract

What is this about?

The High Court disposed of a civil miscellaneous appeal against a Tribunal award on issue no.3. Finding the Tribunal failed to consider objections and facts, the Court quashed the award aforesaid and remanded the matter for a fresh hearing with notices issued.

What did the court decide?

Impugned judgment and award on issue no.3 by the learned Tribunal quashed and set aside. Matter remanded to the Tribunal to decide afresh after issuing notice and hearing parties.

Smt Chahanya Bai and Ors. Vs Raju Lal Meena and Ors. — Consumer Protection | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.

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J U D G M E N T

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S.B.Civil Misc. Appeal No.3033/2013 (Smt.Chahanya and ors.Vs. Rajulal Meena and ors.) DATE OF JUDGMENT : 23.03.2015

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Sanjay Singhal, for appellant. Mr.RP Vijay, for respondent-Insc.Comp..

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Heard learned counsel for the parties and after hearing them at length, this appeal is being disposed of at this stage.

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Brief facts of the case are that this appeal has been filed against the impugned judgment and award dated 18.5.2013 passed by the Judge, MACT, Baran.

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At the very outset, learned counsel for the appellant/s submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of aforesaid appeal. The finding of learned Tribunal on issue no.3 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no.3 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of objections which he has raised by way of aforesaid appeal.

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E Converso, the learned counsel for the respondent/s defended the impugned award and stated the same to be just and apposite.

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I have heard learned counsel for the parties

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and carefully perused the relevant material on record including the impugned award.

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In my considered view, the learned Tribunal while passing the impugned award has not gone through the facts of the case and passed the impugned award surreptitiously. Thus, the impugned award passed by the learned Tribunal needs interference by this court.

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In the result, this appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua issue no.3 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue no.3 in the light of grounds raised by the learned counsel for the appellants in the aforesaid appeal and the aforesaid judgment, if applicable and other judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

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Both the parties are directed to appear before the learned Tribunal on 30.9.2015.

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(MAHESH CHANDRA SHARMA)J.

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Sandeep/-140

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All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed. SANDEEP RAWAT,Sr.P.A.

Smt Chahanya Bai and Ors. v. Raju Lal Meena and Ors.

Case brief

What is this about?

What did the court decide?

Smt Chahanya Bai and Ors. v. Raju Lal Meena and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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