Disposed

Abid Hussain Abbasi v. Vivek Kumar Nandwana and Ors.

Rajasthan HC13 Feb 2017CMA/2072/2003

Case brief

AI extract

What is this about?

In this civil miscellaneous appeal against a judgment and award, the High Court disposed of the matter by directing the Tribunal to reinvestigate. The Court conditioned quashing of the award on the finding of truthful claim details and specified a hearing date.

What did the court decide?

Appeal disposed with directions to the Tribunal to reinvestigate; award deemed quashed if claim found true; hearing fixed for 5.7.2017.

Abid Hussain Abbasi Vs Vivek Kumar Nandwana… — Civil Procedure and Limitation | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Civil Miscellaneous Appeal No. 2072 / 2003

Abid Hussain Abbasi

----Appellant

Versus

Vivek Kumar Nandwana & Ors

¶7

----Respondent

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For Appellant(s) : Mr. Rakesh Bhargava For Respondent(s) : Mr. Sandeep Pathak

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Mr. G. Bardar

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Judgment

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13/02/2017

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This civil misc. Appeal has been filed against the impugned judgment and award under appeal.

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Brief facts of the case are that a claim petition was filed by the claimant/s with regard to an accident involved in it. Notices to the claim petition were issued to the opposite side. Reply/written statement to the said claim petition was filed and on the basis of pleadinigs of both the parties, the learned Tribunal framed the issues. After hearing both the parties, the learned Tribunal after due appreciation of facts & evidence passed the impugned judgment and award under appeal. Hence this appeal has been preferred.

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I have heard learned counsel for the respective party/parties and carefully scanned and gone through the entire material and evidence available on record.

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Prima facie, this court comes to the conclusion or is of the view that the matter is required to be reinvestigated/re-inquired by the concerned Tribunal, therefore, for that purpose, certain directions need to be issued to it. Hence, this appeal is disposed of with the following directions to the concerned Tribunal:

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(2 of 2)

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[CMA-2072/2003]

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(i) the concerned Tribunal is directed to reinvestigate/re-inquire the matter at its own discretion, and during the course of enquiry, if it finds that the claim petition/case is based on false facts & evidence, in such circumstances, the judgment & award under appeal passed by Tribunal shall remain unchanged, and if the claim petition/case is filed on wrong facts & evidence, it shall be free to file/register an FIR in accordance with law.

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(ii) if during the course of enquiry/investigation, the claim petition/case is found true, in such circumstances, the impugned judgment and award under appeal deem to have been treated as quashed. The learned Tribunal, after affording proper opportunity of hearing to both the parties and taking into consideration each and every aspect of the matter including the evidence, shall decide the claim case afresh in accordance with law.

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(iii) Both the parties are directed to remain present before the concerned Tribunal on 5.7.2017.

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(iv) If the claimant/s want/s to withdraw the claim case on the aforesaid date i.e. 5.7.2017, or within one month from 5.7.2017, then the concerned Tribunal shall permit/allow the claimant/s to withdraw the claim case, and in such circumstances, the impugned judgment and award under appeal shall be deemed to have been confirmed.

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The instant civil misc. Appeal stands disposed of with the afore-mentioned directions.

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(MAHESH CHANDRA SHARMA)J.

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Abid Hussain Abbasi v. Vivek Kumar Nandwana and Ors.

Case brief

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Abid Hussain Abbasi v. Vivek Kumar Nandwana and Ors.

Case brief

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