Partly allowed

Sohan Singh and Ors. v. Omveer Singh and Ors.

Rajasthan HC18 Jul 2016CMA/904/2009

Case brief

AI extract

What is this about?

The High Court of Rajasthan partly allowed an appeal, quashing and setting aside the Tribunal's award on specific issues. It remanded the matter for a fresh hearing after proper notice and intervened to direct the release of deposited amounts to the claimant immediately upon application.

What did the court decide?

The impugned award on issues 5, 6, and 7 is quashed and set aside with a direction to the Tribunal to decide afresh. The deposited amount is to be released to the claimant forthwith.

Sohan Singh and Ors. Vs Omveer Singh and Ors. — Civil Procedure and Limitation | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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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.904/2009 Sohan Singh & Ors. Vs. Omveer Singh & Ors.

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18.7.2016

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HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Rajeev Sogarwal for the appellant/s Mr. Virendra Saraswar and Mr. Jitendra Mitruka for the respondent/s

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Heard learned counsel for the parties and after hearing both the parties, 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 under appeal.

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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/s. 5,6 and 7 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue No/s.5,6 and 7 be quashed and set

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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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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, 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 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, the appeal is partly

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allowed and the impugned judgment and award passed by learned Tribunal qua issue No/s. 5,6 and 7 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue No/s. 5,6 and 7 in the light of grounds raised by the learned counsel for the parties 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. The amount which has already been deposited by the non-claimants appellants before the learned Tribunal shall be released in favour of the claimant forthwith on moving an appropriate application by him.

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Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 5.10.2016. Record, if any, be sent back.

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(MAHESH CHANDRA SHARMA)J.

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Sharma NK

Sohan Singh and Ors. v. Omveer Singh and Ors.

Case brief

What is this about?

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Sohan Singh and Ors. v. Omveer Singh and Ors.

Case brief

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