Partly allowed

Bhanwaroo and Another v. Rasool Kathat and Others

Rajasthan HC3 Aug 2016CMA/3079/2012

Case brief

AI extract

What is this about?

The High Court allowed the appeal partly, quashing the Tribunal's judgment and award due to failure to appreciate facts and grounds. The matter was remanded for fresh adjudication with notice to all parties and an opportunity of hearing, directing appearance before the Tribunal by 5.12.2016.

What did the court decide?

Impugned judgment and award quashed; matter remanded to Tribunal for fresh adjudication with notice to parties and opportunity of hearing; parties directed to appear before Tribunal on 5.12.2016.

Bhanwaroo and Another Vs Rasool Kathat and Others — Writ and Judicial Review | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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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.3079/2012 (Bhanwaroo & Anr. versus Shri Rasool Kathat & Ors.)

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DATE OF JUDGMENT : 3.08.2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Ashvin Garg, counsel for appellant(s) Mr. Vinod Tyagi, counsel for the respondent/s

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

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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.2 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 may be permitted to raise all the objections of 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

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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 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 PA

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Bhanwaroo and Another v. Rasool Kathat and Others

Case brief

What is this about?

What did the court decide?

Bhanwaroo and Another v. Rasool Kathat and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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