National Insurance Company vs Atam Parkash & Ors.
2010 Latest Caselaw 2751 Del

 *                    IN THE HIGH COURT OF DELHI AT NEW DELHI

+                    F.A.O. No.722 of 2002 & C.M. Appl. Nos.17296-17298 of 2009

%                                                                             24.05.2010

         NATIONAL INSURANCE COMPANY                    ...... Appellant
                             Through: Mr. Kamal Deep, Advocate.

                                            Versus

         ATAM PARKASH & ORS.                                     ......Respondents
                                       Through: Ms. Aruna Mehta, Advocate.

                                                             Reserved on: 19th May, 2010
                                                           Pronounced on: 24th May, 2010
         JUSTICE SHIV NARAYAN DHINGRA

1.       Whether reporters of local papers may be allowed to see the judgment?

2.       To be referred to the reporter or not?

3.       Whether judgment should be reported in Digest?

                                      JUDGMENT

1. This appeal has been filed by insurance company against award dated 31st August,

2003 passed by the Tribunal along with an application under Order 41 Rule 27 CPC.

Notice of this appeal was served upon respondents/claimants and the claimants filed their

reply to the appeal on 21st November, 2006 opposing the appeal. It was stated in the

reply that the appeal was baseless and was liable to be dismissed and the Tribunal rightly

passed the claim against the appellant and in favour of the respondents.

2. The application of the appellant under Order 41 Rule 27 CPC for leading

additional evidence was dismissed by this court vide order dated 14th May, 2008 with

costs of Rs.5,000/- to be paid to Delhi High Court Legal Services Authority. While the

matter was pending for final disposal of the appeal, the respondents/claimants filed cross-

objections on 8th September, 2009 under Order 41 Rule 22 CPC along with an application

for condonation of delay seeking condonation of delay of 2459 days and another

application for seeking condonation of 60 days delay in re-filing the cross-objections.

3. Learned counsel for the appellant appeared and stated that in view of the fact that

application under Order 41 Rule 27 CPC for additional evidence was dismissed, nothing

survived in the appeal as the entire appeal was based on the hope that the court will allow

application under Order 41 Rule 27 CPC for additional evidence. The appeal filed by the

appellant is, therefore, liable to be dismissed as it is not pressed.

4. The cross-objections filed by the appellant under Order 41 Rule 22 CPC are

highly belated. The cross-objections could have been filed within 30 days of receipt of

notice. The plea taken in the application for condonation of delay is that the counsel for

the objectors was under bona fide belief that cross-objections under Order 41 Rule 22

CPC had been filed with the Registry and would be tagged with the file. This plea is

absurd plea in view of the reply filed by the objectors to the appeal wherein there is no

mention of filing of cross-objections or intention to file cross-objections. The ground

taken for condonation of delay is false and frivolous. I find no reason to entertain this

application under Section 5 of Limitation Act. The application under Section 5 of

Limitation Act for filing cross-objections is hereby dismissed being a frivolous

application.

5. The cross-objections are dismissed. The appeal also stands dismissed.

SHIV NARAYAN DHINGRA J.

MAY 24, 2010 'AA'