Oriental Insurance Company Ltd vs Surinder Singh Soni & Anr
2013 Latest Caselaw 3936 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                Judgment delivered on: 4th September, 2013


+      CM(M) 914/2013
ORIENTAL INSURANCE COMPANY LTD            ..... Petitioner
                     Through: Ms. Manjusha Wadhwa and Ms.
                     Rekha Angara, Advs.

                             Versus
SURINDER SINGH SONI & ANR                                     ..... Respondents
                       Through: NEMO.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No.13738/2013 (for exemption) Exemptions allowed, subject to all just exceptions. The application stands disposed of.

+ CM(M) 914/2013

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. Surender Singh Soni.

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

CM No.13739/2013 (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 under the Signature of Court Master.

SURESH KAIT, J.

SEPTEMBER 4, 2013 jg