Partly allowed

Dinesh v. Vijay Kumar and Others

Rajasthan HC4 Aug 2016CMA/1986/2013

Case brief

AI extract

What is this about?

This order partially allowed two appeals, quashing and setting aside specific issues of the impugned judgment and award passed by the learned Tribunal. The matter was remanded to the Tribunal with a direction to decide the specific issues afresh after giving notice and opportunity of hearing to all concerned parties.

What did the court decide?

Impugned judgment and award quashed on specific issues; matter remanded to Tribunal for fresh decision after notice and hearing.

Dinesh Vs Vijay Kumar and Others — Rajasthan HC (2016) — LawSathi Research

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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 S.B. Civil Misc. Appeal No.1986/2013 (Dinesh Versus Vijay Kumar & Ors.)

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S.B. Civil Misc. Appeal No.1854/2013 (Sher Singh Versus Vijay Kumar & Ors.)

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DATE OF JUDGMENT : 4.08.2016 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ashvin Garg, counsel for the appellants Mr. Virendra Agrawal, counsel for respondents

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Since both these appeals have been filed against the judgment and award passed by the learned Tribunal, hence the arguments have been heard together and with the consent of learned counsel for the parties, they are being decided finally at this stage.

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At the very outset, learned counsel for the appellants submits that the learned Tribunal while passing the impugned judgment and award has not taken into consideration the grounds which he has raised by way of aforesaid appeal(s). The finding of learned Tribunal on issue no. 2 & 3 is contrary to the material available on record. Thus, the impugned judgment and award passed by the learned Tribunal qua aforesaid issue(s) be quashed and set aside and the matter should be remanded to the learned Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) in the light of grounds which he has raised by way of aforesaid appeal(s).

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On the other hand, the learned counsel for the respondents although has opposed the same, but has requested that the learned Tribunal may be directed to hear him/them at the time of deciding the matter afresh on the aforesaid issue/s, and he/they may be permitted to raise the objections to the grounds, as have been raised in

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the appeal.

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I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned judgment and award.

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In my considered view, the learned Tribunal while passing the impugned judgment and award has not appreciated the facts of the case and the grounds raised by the learned counsel for the appellant(s) by way of the aforesaid appeal(s) in a proper manner and passed the impugned judgment and award surreptitiously. Thus, the impugned judgment and award passed by the learned Tribunal needs interference by this court.

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In the result, the appeal(s) is/are partly allowed; the impugned judgment and award passed by learned Tribunal qua aforesaid issue(s) is quashed and set aside and the matter is remanded to the Tribunal with the direction to decide the matter afresh qua aforesaid issue(s) as early as possible, in the light of grounds raised by the learned counsel for the appellant(s) by way of the aforesaid appeal(s) and the judgment(s) 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 have requested for a specific date for their appearance before the Tribunal, hence they are directed to appear before the learned Tribunal on 5.12.2016.

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Record, if any, be sent back.

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(MAHESH CHANDRA SHARMA)J.

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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal

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Dinesh v. Vijay Kumar and Others

Case brief

What is this about?

What did the court decide?

Dinesh v. Vijay Kumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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