Oriental Insurance Co.Ltd. vs Sh. Harikishan & Anr.
2013 Latest Caselaw 3843 Del

$~27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on:30th August, 2013

+                               CM(M) 871/2013

       ORIENTAL INSURANCE CO.LTD.               ..... Petitioner
                        Through: Ms. Manjusha Wadhwa,
                                  Advocates.
                Versus

    SH. HARIKISHAN & ANR.                                    ..... Respondents
                      Through: None.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No.13284/2013 (for exemption)

Exemptions allowed, subject to all just exceptions. The application stands disposed of.

CM(M) 871/2013

1. The present petition is preferred against the impugned order dated 30.05.2013, whereby the right of the petitioner to file written statement was closed.

2. In the claim petition filed before the learned Tribunal, DAR was filed on 22.01.2013 and the petitioner sought time to file written statement. Thereafter, on two consecutive dates, i.e., 22.02.2013 and 26.03.2013, time was sought by the petitioner for filing the written statement; however, the same was not filed.

3. Vide order dated 01.05.2013, at the request of learned counsel for the petitioner, the learned Tribunal granted last opportunity to the petitioner for filing the written statement subject to depositing cost of Rs.2,000/-. Despite that, the petitioner did not file the written statement.

4. Accordingly, having no option, the learned Tribunal has closed the right of the petitioner to file the written statement vide impugned order dated 30.05.2013.

5. In view of the above, I do not find any discrepancy in the order passed by the learned Tribunal. However, in the interest of justice, I allow the instant petition.

6. Consequently, the learned Tribunal is directed to allow the petitioner to file his written statement subject to payment of cost of Rs.10,000/- to be paid in favour of respondent No.1, Sh. Harikishan.

7. In view of the above, the instant petition stands disposed of.

CM No.13285/2013 (for stay)

With the disposal of the petition itself, this application has become infructuous. The same is accordingly dismissed.

A copy of this order be given dasti to the learned counsel for the appellant/Insurance Company.

SURESH KAIT, J.

AUGUST 30, 2013 sb