Disposed

United India Insurance Company Ltd. v. Lrs. of Tarachand Gehlot

Rajasthan HC1 May 2024CW/6689/2024

Case brief

AI extract

What is this about?

Insurer's appeal before the State Consumer Disputes Redressal Commission was dismissed in default, and its restoration application was rejected for want of prosecution. The High Court set aside the rejection order, restored the appeal, and granted the petitioner one final opportunity to appear before the State Commission.

What did the court decide?

Impugned order dated 15.06.2023 set aside; appeal No.108/2021 restored; one last opportunity to appear before State Commission on 20.05.2024.

United India Insurance Company Ltd. Vs Lrs. of… — Consumer Protection | Rajasthan HC (2024)

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[2024:RJ-JD:18841]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6689/2024

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United India Insurance Company Ltd., Branch At 5, MGH Road, Jodhpur, through its Senior Manager.

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----Petitioner

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Versus

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1. Lrs. Of Tarachand Gehlot, Son of Daulat Ram Resident Of Manna Ki Badi Sursagar Jodhpur (Since Dead) Through Legal Representative(S)

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Smt. Jasoda Devi W/o Late Shri Daulat Ram, Resident Of Kaluram Ji Ki Bawdi, Sursagar, Jodhpur.

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Smt. Tara Devi W/o Late Shri Tarachand, Resident Of Kaluram Ji Ki Bawdi, Sursagar, Jodhpur.

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Gayatri D/o Late Shri Tarachand, Resident Of Kaluram Ji Ki Bawdi, Sursagar, Jodhpur.

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Himmat Singh S/o Late Shri Tarachand, Resident Of Kaluram Ji Ki Bawdi, Sursagar, Jodhpur.

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Harish Gehlot S/o Late Shri Tarachand, Resident Of Kaluram Ji Ki Bawdi, Sursagar, Jodhpur.

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----Respondents

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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.108/2021 filed by the petitioner, was dismissed in default vide order dated 15.06.2023 (Annexure-P/3).

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Learned counsel for the petitioner further submits that the petitioner submitted an application bearing MA No.11/23 before the learned State Commission, while praying for restoration of the appeal No.108/2021, however, on account of serious illness of

[2024:RJ-JD:18841]

[CW-6689/2024]

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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.

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Learned counsel for the petitioner, therefore, prays, that the petitioner may be given one last opportunity to appear before the learned State Commission. 4. 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 15.06.2023 (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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342-/Devesh/-

United India Insurance Company Ltd. v. Lrs. of Tarachand Gehlot

Case brief

What is this about?

What did the court decide?

United India Insurance Company Ltd. v. Lrs. of Tarachand Gehlot

Case brief

What is this about?

What did the court decide?

What the court decided

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