Zaishu Xie & Anr vs Oriental Insurance Company Ltd.& ...
2013 Latest Caselaw 3241 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Judgment delivered on: 26th July, 2013


+      CM(M) 1278/2012
       ZAISHU XIE & ANR                   ..... Petitioners
                     Through: Mr. Arvind Chaudhary and Mr. Neeraj
                     Sood, Advs.

                    versus

       ORIENTAL INSURANCE COMPANY LTD.
       & ORS.                             ..... Respondents
                    Through: Mr. Pradeep Gaur and
                    Mr. Amit Gaur, Advs.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Ld. Counsel appearing on behalf of the petitioners submits that they filed an application under Section 151 CPC for the modification of the order dated 07.01.2012 before the ld. Tribunal, however, till date the same has not been decided.

2. Further submits, the petitioners, i.e., parents of the deceased are more than 75 years of age. They are Chinese nationals and staying in China.

3. After hearing Ld. counsels for the parties and keeping in view the facts and circumstances of the case, I direct the ld. Tribunal to hear both the

parties on aforesaid application and decide the same expeditiously; not later than 2 months from today.

4. Respondent / insurance company shall be at liberty to file reply, if any, to the aforesaid application within two weeks from today. If the respondent / insurance company fails to file reply, ld. Tribunal shall decide the application in absence of their reply.

5. Instant petition stands disposed of on the above terms.

6. TCR along with a copy of this order be sent back to the concerned Tribunal by Special Messenger.

7. Parties are directed to appear before the concerned Tribunal on 07.08.2013 for direction.

8. Dasti under the signature of Court Master.

SURESH KAIT, J JULY 26, 2013 Jg/RS