Disposed

Reliance Gen Insurance Co. Ltd. v. Dinesh Kumar Meena and Ors.

Rajasthan HC2 May 2023CMA/5179/2009

Case brief

AI extract

What is this about?

The High Court, on application, directed sending the record back to the tribunal for setting aside an ex-parte decree. The court disposed of pending appeals with liberty to fresh appeal and allowed the cross objection file, directing the tribunal to decide the application independently.

What did the court decide?

Record sent to tribunal; appeals and cross objection disposed; tribunal directed to decide Order 9 Rule 13 CPC application independently.

Reliance Gen Insurance Co. Ltd. Vs Dinesh Kumar… — Execution and Attachment | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 5179/2009

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Reliance Gen Insurance Co Ltd. having its registered Office at Reliance Centre, 19 Balchand Heerachand Marg Balard Estate, Mumbai-400001, having its Regional office at Market Tower, Vaishali Nagar, Jaipur through its Constituent Attorney.

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----Appellant

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Versus

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Dinesh Kumar Meena S/o Sh. Sardarmal Meena, R/o 70, Karni Nagar, Near Tara-A, Jhotwara, Jaipur

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----Claimants/Respondent

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Shankar Lal S/o Sh. Jagdish Narayan Sharma, R/o Ward No.2, Dabla Burj, Teh. Phagi, Distt. Jaipur (Driver Alto No.RJ-14-CC3104)

¶9

Shankar Lal Sharma S/o Sh. Jagdish Narayan Sharma, R/o Vill. & Post Dabla Burj. Teh. Phagi, Distt. Jaipur (Owner Alto No.RJ-14-CC-3104)

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Connected With

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S.B. Civil Miscellaneous Appeal No. 5181/2009

----Appellant

Versus

Smt. Jai Devi Sharma W/o Sh. Ramdeen Sharma, aged about 43 years.

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Sh. Ramdeen Sharma S/o Sh. Ramlal Sharma, aged about 44 years.

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-----Claimants-respondents

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Shankar Lal Sharma S/o Sh. Jagdish Narayan Sharma, R/o ward No.2 Dabla Burj, Teh. Phagi, Distt. Jaipur (Driver Alto No.RJ-14-CC-3104)

¶19

Sharwan Lal Sharma S/o Sh. Jagdish Narayan Sharma, R/o Vill. & post Dabla Burj, Teh. Phagi, Distt. Jaipur (Owner Alto No.RJ-14-CC-3104)

¶20

----Respondent

¶21

S.B. Cross Objection (Civil) No. 9/2016

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[CMA-5179/2009]

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(2 of 3)

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Reliance Gen Insurance Co Ltd. address 401, green House fourth floor 0-19, Ashok Marg, C-Scheme, Jaipur.

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----Appellant-Insurance Company

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Versus

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Smt. Jai Devi Sharma W/o Sh. Ramdeen Sharma, aged about 43 years.

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Sh. Ramdeen Sharma S/o Sh. Ramlal Sharma, aged about 44 years.

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Shankar Lal Sharma S/o Sh. Jagdish Narayan Sharma, R/o ward No.2 Dabla Burj, Teh. Phagi, Distt. Jaipur

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Sharwan Lal Sharma S/o Sh. Jagdish Narayan Sharma, R/o Vill. & post Dabla Burj, Teh. Phagi, Distt. Jaipur

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Claimants----Respondent

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For Appellant(s) : Mr. Virendra Agarwal For Respondent(s) : Mr. D.S. Poonia Mr. Ritesh Jain for Mr. Ram Sharan Sharma

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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02/05/2023

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Matter comes up on an applications (I.A. No.1/2023) u/s 151 CPC filed by the applicant for sending back the record of this case to the tribunal.

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Application is allowed for the reasons mentioned therein.

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Office is directed to send back the record to the tribunal.

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Learned counsel for the applicants submits that the applicant- Sharwan Lal Sharma had filed SBCMA No. 3211/2022 before this court which was disposed of vide order dt. 12.4.2023 with a direction to him to file an application under Order 9 Rule 13 CPC before the tribunal. Pursuant thereto, he has filed an

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[CMA-5179/2009]

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application under Order 9 Rule 13 CPC before the tribunal for setting aside the ex-parte decree.

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Learned counsel for the appellant-Insurance Company submits that appeals filed by the Insurance Company be disposed of with a liberty to file a fresh appeal, if occasion so arises, after the decision of the application under Order 9 Rule 13 CPC filed by the applicant.

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So, appeals filed by the Insurance Company are disposed of accordingly.

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Since, the present appeals have not yet been admitted, cross objection filed by the claimant also stands disposed of accordingly.

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However, claimant would be at liberty to avail appropriate remedy, if occasion so arises.

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Tribunal is directed to decide the application under Order 9 Rule 13 CPC independently without being prejudice by its judgment dt. 26.8.2009.

¶47

(NARENDRA SINGH DHADDHA),J

¶48

Brijesh 19-21.

Reliance Gen Insurance Co. Ltd. v. Dinesh Kumar Meena and Ors.

Case brief

What is this about?

What did the court decide?

Reliance Gen Insurance Co. Ltd. v. Dinesh Kumar Meena and Ors.

Case brief

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What did the court decide?

What the court decided

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