The New India Assurance Co Ltd. vs Lalmani And Ors.
2014 Latest Caselaw 1861 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                           Judgment delivered on: 4th April, 2014
+                               CM(M) 335/2014

THE NEW INDIA ASSURANCE CO LTD.                       ..... Petitioner
              Represented by: Mr.Pankaj Seth, Advocate.
              Versus
LALMANI AND ORS.                                 ..... Respondents
              Represented by: None.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No.6258/2014 (for exemption)

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

CM(M) 335/2014

1. By way of present petition, the petitioner is assailing the order dated 24.07.2013, whereby his application under Order IX Rule 7 read with Section 151 CPC for setting aside the ex parte order dated 10.01.2013 was dismissed.

2. Learned counsel appearing on behalf of the petitioner submits that on 10.01.2013, proxy counsel appeared on behalf of the petitioner, however, the learned Tribunal did not allow him to appear and accordingly, passed the aforesaid ex parte order against the petitioner.

3. Being aggrieved with the same, the petitioner filed the aforestated application under Order IX Rule 7 r/w Section 151 CPC. While dismissing

the said application vide order dated 24.07.2013, the learned Tribunal allowed the petitioner to join the proceedings on the next date of hearing.

4. On perusal of the impugned order dated 24.07.2013, I find that the order is vague as the observation made by the learned Tribunal are not very clear, especially when proxy counsel appeared on that day, i.e., 10.01.2013 before the learned Tribunal, in such an eventuality, the learned Tribunal ought to have granted one opportunity to the petitioner to contest its case on merits.

5. Therefore, in view of the above discussion, order dated 24.07.2013 is set aside and the petitioner is permitted to file its written statement before the next date of hearing fixed by the Tribunal.

6. Accordingly, the instant petition is allowed.

7. A copy of this order be given dasti to the learned counsel for the petitioner.

CM No.6257/2014 (for stay) With the disposal of the petition itself, this application has become infructuous. The same is accordingly dismissed.

SURESH KAIT, J.

APRIL 04, 2014 Sb/RS