Allowed

Rajkumar Goyal v. Sanjay Agarwal and Anr.

Rajasthan HC22 Mar 2022CMA/3463/2014

Case brief

AI extract

What is this about?

The appeal was disposed of by allowing the parties' compromise. The appellant's claim against the respondents regarding a dispute was settled amicably, with the impugned award modified accordingly. The appeal is allowed in terms of the settlement.

What did the court decide?

The impugned judgment and award are modified, and the appeal is disposed of in terms of the agreed compromise settlement.

Rajkumar Goyal Vs Sanjay Agarwal and Anr. — Contract and Commercial Disputes | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 3463/2014

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Rajkumar Goyal son of Shri Radheshyam, aged about 44 years, resident of Govindgarh District Alwar.

¶4

----Claimant/Appellant

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Versus

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Sanjay Agarwal son of Shri Ramesh Chand Agarwal, resident of 2 K 237, Shivaji Park, Alwar – Driver and Owner of Vehicle R.J.-02-U.A.0560.

¶7

National Insurance Company Limited, Division No.10, Flat No.101-106 N.1 B.M.C. House, Canout Place, New Delhi. Divisional Office, 61 Arodrum Road, Alwar. Regional Office, Nehru Place, Tonk Road, Jaipur.

¶8

----Non-Claimants/Respondents

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For Appellant(s) : Mr. Girish Khandelwal, Advocate For Respondent(s) : Mr. Rishipal Agarwal, Advcoate

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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22/03/2022

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Matter comes up on an application under Section 5 of

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the Limitation Act.

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Application is allowed for the reasons mentioned

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therein. Delay in filing the appeal is condoned.

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Heard learned counsel for the parties on appeal.

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It is submitted by learned counsel for the appellant/claimant (hereinafter referred to as “the claimant”) and respondent No.2/Insurance Company (hereinafter referred to as “Insurance Company”) that parties have amicably settled their dispute. They have submitted the compromise which reads as under:

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(2 of 2)

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[CMA-3463/2014]

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“1. An additional amount of Rs.9,00,000/(Rs.Nine Lac only) including interest shall be paid to the claimant by insurance Company before tribunal concern within a period of 6 weeks from today in terms of full and final settlement of appeal filed by the claimant.

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In case, the insurance company fails to deposit the said amount within 6 weeks from today, claimant shall be entitled for interest @6% pa from the date of compromise till actual payment is made.

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They have prayed to dispose of the appeal in terms of the compromise.

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In view of the said compromise arrived at between the parties, the civil miscellaneous appeal stands disposed of in terms of the compromise. The impugned judgment and award passed by the Tribunal is modified accordingly.

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(PRAKASH GUPTA),J

¶26

KuD/67

Rajkumar Goyal v. Sanjay Agarwal and Anr.

Case brief

What is this about?

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Rajkumar Goyal v. Sanjay Agarwal and Anr.

Case brief

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