Partly allowed

Bishambhar Dayal Saini v. Harpal Singh and Others

Rajasthan HC22 Aug 2016CMA/7336/2011

Case brief

AI extract

What is this about?

The High Court partly allowed appeals, quashing the Tribunal's judgment and award regarding specific issues for failing to appreciate facts and grounds. The work is remanded to the Tribunal with directions to decide afresh after issuing notice and hearing parties.

What did the court decide?

Impugned judgment and award set aside; matter remanded to Tribunal to decide afresh; parties directed to appear on 5.12.2016.

Bishambhar Dayal Saini Vs Harpal Singh 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.7336/2011 (Bishambhar Dayal Versus Harpal Singh & Ors.)

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S.B. Civil Misc. Appeal No.7393/2011 (Ram Pratap Saini Versus Harpal Singh & Ors.)

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DATE OF JUDGMENT : 22.08.2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. Sandeep Mathur, counsel for the appellants Mr. Akshay Sharma, 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 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. Dilip Khandelwal

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Bishambhar Dayal Saini v. Harpal Singh and Others

Case brief

What is this about?

What did the court decide?

Bishambhar Dayal Saini v. Harpal Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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