Gujarat High Court
Royal Sundaram General Insurance ... vs Kiranbhai Mangalbhai Talpada on 31 January, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/MCA/2912/2024 ORDER DATED: 31/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2912 of 2024
In
R/FIRST APPEAL NO. 4866 of 2022
With
R/FIRST APPEAL NO. 3096 of 2021
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ROYAL SUNDARAM GENERAL INSURANCE COMPANY
Versus
KIRANBHAI MANGALBHAI TALPADA & ORS.
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Appearance:
MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1
MR NISHIT A BHALODI(9597) for the Opponent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 31/01/2025
COMMON ORAL ORDER
1. By way of Misc. Civil Application no.2912 of 2024, prayer has been made to recall the judgment and order dated 5.3.2024 passed by this Court in First Appeal no.4866 of 2022.
2. By way of office note, First Appeal no.3096 of 2021 is placed along with First Appeal no.4866 of 2022. First Appeal no.3096 of 2021 has been raised by the insurance Company agitating the issue of negligence.
3. It has been brought to the notice of this Court that in First Appeal no.4866 of 2022, issue of negligence was already decided along with the issue of quantum raised by the claimants.
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4. Thus, since the issue has already been decided in First Appeal no.4866 of 2022, First Appeal no.3096 of 2021 would not require any consideration.
5. In view of the above, both the Misc. Civil Application no.2912 of 2024 and First Appeal no.3096 of 2021 stand disposed of. Let the Court fees stamp be given back to the insurance Company as per the Rules.
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