Partly allowed

Ram Kishan and Ors. v. Shakuntala and Ors.

Rajasthan HC19 Nov 2016CMA/2823/2007

Case brief

AI extract

What is this about?

Civil Miscellaneous Appeal filed against a Tribunal's judgment and award. The High Court found the Tribunal failed to appreciate facts and grounds, quashed the award on specific issues, and remanded the matter afresh with a directions not to recover any award amount paid until the remand hearing. hearing date fixed.

What did the court decide?

Impugned judgment and award quashed on specific issues; matter remanded to Tribunal for fresh disposal; recovery of award amount stayed.

Ram Kishan and Ors. Vs Shakuntala and Ors. — Execution and Attachment | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B.CIVIL MISC. APPEAL NO. 2823 / 2007

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RAM KISHAN S/o Hargovind Brahmin, R/o Chotara Ka Kheda, Tehsil Keshavrai Patan, Distt. Bundi 2. Radhe Shyam S/o Hargovind Brahmin, R/o Chotara Ka Kheda, Tehsil Keshavrai Patan, Distt. Bundi.

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Smt. Suraj Bai W/o Hargovind Brahmin, R/o Chotara Ka Kheda, Tehsil Keshavrai Patan, Distt. Bundi

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----Appellants/Non Claimants

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Versus

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SHAKUNTALA W/o Ram Bilas Nai, aged about 23 years, R/o Ghad, Tehsil Deoli, Distt. Tonk

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Deepak S/o Ram Bilas Nai, aged about 2 years, R/o Ghad, Tehsil Deoli, Distt. Tonk, minor through his natural guardian mother Smt. Shakuntala, appellant no. 1

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Latoor Lal S/o Badri Nai, R/o Baman Gaon, Tehsil Nainwa, Distt. Bundi

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Chhota W/o Latoor Nai, R/o Baman Gaon, Tehsil Nainwa, Distt. Bundi.

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----Respondents/Claimants

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Ghanshyam S/o Raghunath Meena ,R/o Gendoli Ki Jhopadiyan, Tehsil Bundi (since deceased)

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....Proforma Respondent

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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For Petitioners : Mr. JP Gupta For Respondents : Mr. Sandeep Mathur

Mr. PRS Rajawat

Judgment

29/11/2016

This appeal has been filed by the appellant(s) against the judgment and award passed by the learned Tribunal.

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(2 of 3)

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[CMA-2823/2007]

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At the very outset, learned counsel for the appellant(s) 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. 1 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 respondent(s) though opposed the same but 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 all the objections to the grounds as have been raised in this 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 instant 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

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(3 of 3)

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[CMA-2823/2007] 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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However, it is made clear that if any amount has been received by the claimant(s) under the impugned award, the same shall not be recovered from him/them till disposal of the claim petition by the learned Tribunal afresh qua aforesaid issue(s).

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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 5.3.2017.

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Record, if any, be sent back.

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(MAHESH CHANDRA SHARMA)J.

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Ram Kishan and Ors. v. Shakuntala and Ors.

Case brief

What is this about?

What did the court decide?

Ram Kishan and Ors. v. Shakuntala and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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