Oriental Insurance Company Ltd vs Legal Heirs Of Decd. Mohanbhai ...
2021 Latest Caselaw 12619 Guj

    C/FA/975/2013                             IA ORDER DATED: 26/08/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2 of 2021
                                In
                   R/FIRST APPEAL NO. 975 of 2013
==================================================================

LEGAL HEIRS OF DECD. MOHANBHAI AMRABHAI RATHOD Versus ORIENTAL INSURANCE COMPANY LTD ================================================================== Appearance:

MR TIRTH NAYAK for the PETITIONER(s) No. MR ANAL S SHAH for the RESPONDENT(s) No. ==================================================================

CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI and HONOURABLE MR. JUSTICE B.N. KARIA

Date : 26/08/2021 IA ORDER

(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

Heard learned counsels for the parties.

Learned counsel for the Applicant submitted that in the

operative part of the order dated 15.07.2021, the Court has set

aside the Judgment and Award dated 03.07.2012 passed by the

learned Judge, Court No.8, City Civil Court, Bhadra,

Ahmedabad (M.A.C.T. Tribunal) in M.A.C.P. No.1128 of 2005.

Therefore, it will not leave any scope for review of the order by

the Tribunal, as left free by this Court for Appellant Insurance

Company to file a Review Petition before the Tribunal.

C/FA/975/2013 IA ORDER DATED: 26/08/2021

In the order dated 15.07.2021, last para of the order quoted

below is as under:

"Present First Appeal is allowed. The Judgment

and Award passed by the learned Judge, Court No.8,

City Civil Court, Bhadra, Ahmedabad (M.A.C.T.

Tribunal) on 03.07.2012 in M.A.C.P. No.1128 of

2005 is hereby quashed and set aside.

Present Appeal is accordingly disposed of. No order

as to costs."

The same shall be substituted by the following order:

"Present First Appeal is disposed of with the

aforesaid liberty to the Insurance Company to file

Review Petition."

The Review Petition is accordingly disposed of. No costs.

(DR. VINEET KOTHARI,J)

(B.N. KARIA, J) Bharat