Gujarat High Court
Icici Bank Ltd vs Chandubhai Arjanbhai Gondalia on 14 October, 2025
NEUTRAL CITATION
C/FA/976/2025 ORDER DATED: 14/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 976 of 2025
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ICICI BANK LTD
Versus
CHANDUBHAI ARJANBHAI GONDALIA & ANR.
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Appearance:
MR. JAINISH P SHAH(7033) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 14/10/2025
ORAL ORDER
1. The present appeal is filed against the impugned judgment and award dated 09.06.2020 passed by the learned Tribunal (Auxi) Gondal in MACP No.176 of 2009, whereby the learned Tribunal has awarded a sum of Rs.3,40,800/- along with the interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. At the outset, learned advocate for the appellant submitted that the notice was not served upon the respondent No.2. He has also drawn attention of this Court to the fact that the notice was served upon the ICICI Lombard General Insurance Company Limited and in terms of notice ICICI Lombard General Insurance Page 1 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:24:04 IST 2025 NEUTRAL CITATION C/FA/976/2025 ORDER DATED: 14/10/2025 undefined Company Limited put its appearance on record, but failed to file written statement on record. He further submitted that even the said Insurance Company has never pointed out that the Insurance Company is not a party in the present appeal. He further submitted that however the learned Tribunal has ignored all these facts and passed the award against the appellant herein. He further submitted that in view of the peculiar facts and circumstances of the case, as no copies of the claim petition came to be served upon the appellant, the award is not sustainable.
3. On the other hand, learned advocate Mr. Nishit A. Bhalodi appearing on behalf of the respondent No.1-original claimant fairly admitted that the notice was never served upon the appellant. Therefore, he has no objection, if the matter is remanded back to the learned Tribunal.
4. In view of the above facts that the notice of the claim petition was never served upon the appellant and the matter was decided in the absence of the appellant and in place of ICICI Bank Limited, the notice was served upon ICICI Lombard General Insurance Company Limited. Therefore, impugned judgment and award is not sustainable and the same is set aside and the matter is remanded back to the learned Tribunal to Page 2 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:24:04 IST 2025 NEUTRAL CITATION C/FA/976/2025 ORDER DATED: 14/10/2025 undefined decide the said petition afresh within a period of 6 months after serving the notice of the claim petition to the respondent No.2- ICICI Bank Limited.
5. In view of the above directions, the present appeal stands allowed. No order as to costs.
6. Fresh notice be issued to both the respondents by the learned Tribunal.
7. At this stage, learned advocate for the appellant pointed out that the awarded amount has been deposited with the learned Tribunal. In view of the statement of the learned advocate for the appellant, amount so deposited, be kept in the FDR for initial period of 6 months and the same be renewed from time to time till final disposal of the claim petition.
(MOOL CHAND TYAGI, J) CDP Page 3 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:24:04 IST 2025