Allowed

United India Insurance Company Ltd. v. Mahalaxmi Bleaching

Rajasthan HC1 May 2024CW/6682/2024

Case brief

AI extract

What is this about?

Writ petitioner sought restoration of an appeal dismissed in default. High Court granted one last opportunity to appear before the State Commission, setting aside the previous rejection order and directing the petitioner to appear by a specific date.

What did the court decide?

Impugned order setting aside the appeal restoration application set aside; appeal restored to original number; petitioner directed to appear before State Commission on 20.05.2024.

United India Insurance Company Ltd. Vs Mahalaxmi Bleaching — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JD:18795]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6682/2024

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United India Insurance Company Ltd., through its Divisional Manager, LIC Building, Mandiya Road, Pali

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----Petitioner

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Versus

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Mahalaxmi Bleaching, F-185 New Punayata Industrial Area, Pali through its Proprietor Smt. Indra Panwar W/o Shri Hira Lal R/o Pali.

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----Respondent

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For Petitioner(s) : Mr. Mukul Singhvi

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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01/05/2024

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Learned counsel for the petitioner submits that on account of default in appearing before the learned State Consumer Disputes Redressal Commission, Jaipur, Circuit Bench, Jodhpur (hereinafter referred to as “the learned State Commission”), the appeal No.20/21 filed by the petitioner, was dismissed in default vide order dated 14.07.2023 (Annexure-P/3).

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Learned counsel for the petitioner further submits that the petitioner submitted an application bearing MA No.10/23 before the learned State Commission, while praying for restoration of the appeal No.20/21, however, on account of serious illness of family member of the counsel, he could not appear before the learned State Commission on the date when the matter was listed on the application and the learned State Commission vide its order dated 27.03.2024 (Annexure-P/5), rejected the application filed by the petitioner’s counsel for want of prosecution.

[2024:RJ-JD:18795]

[CW-6682/2024]

(2 of 2)

Learned counsel for the petitioner, therefore, prays, that the petitioner may be given one last opportunity to appear before the learned State Commission.

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In view of the limited submissions and in the interest of justice, this Court deems it appropriate to grant petitioner one last opportunity to appear before the learned State Commission. The impugned order dated 14.07.2023 (Annexure-P/3), passed by the learned State Commission rejecting the application seeking restoration of appeal, is set aside and the appeal is directed to be restored to its original number. The petitioner is directed to appear before the learned State Commission on 20.05.2024.

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In case the petitioner fails to avail the last opportunity to appear before the learned State Commission, no further opportunity would be granted and appropriate orders be passed accordingly.

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With the aforesaid direction, the instant writ petition is disposed of. Stay application as well as all other pending applications, if any, also stand disposed of.

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(DR. NUPUR BHATI),J

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341-/Devesh/-

United India Insurance Company Ltd. v. Mahalaxmi Bleaching

Case brief

What is this about?

What did the court decide?

United India Insurance Company Ltd. v. Mahalaxmi Bleaching

Case brief

What is this about?

What did the court decide?

What the court decided

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