Gujarat High Court
Icici Bank Ltd vs Chandubhai Arjanbhai Gondalia on 14 October, 2025
NEUTRAL CITATION
C/FA/976/2025 ORDER DATED: 14/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 976 of 2025
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ICICI BANK LTD
Versus
CHANDUBHAI ARJANBHAI GONDALIA & ANR.
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Appearance:
MR. JAINISH P SHAH(7033) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 14/10/2025
ORAL ORDER
1. The present appeal is filed against the impugned judgment
and award dated 09.06.2020 passed by the learned Tribunal
(Auxi) Gondal in MACP No.176 of 2009, whereby the learned
Tribunal has awarded a sum of Rs.3,40,800/- along with the
interest at the rate of 9% per annum from the date of filing of the
petition till realization.
2. At the outset, learned advocate for the appellant submitted
that the notice was not served upon the respondent No.2. He has
also drawn attention of this Court to the fact that the notice was
served upon the ICICI Lombard General Insurance Company
Limited and in terms of notice ICICI Lombard General Insurance
NEUTRAL CITATION
C/FA/976/2025 ORDER DATED: 14/10/2025
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Company Limited put its appearance on record, but failed to file
written statement on record. He further submitted that even the
said Insurance Company has never pointed out that the
Insurance Company is not a party in the present appeal. He
further submitted that however the learned Tribunal has ignored
all these facts and passed the award against the appellant
herein. He further submitted that in view of the peculiar facts
and circumstances of the case, as no copies of the claim petition
came to be served upon the appellant, the award is not
sustainable.
3. On the other hand, learned advocate Mr. Nishit A. Bhalodi
appearing on behalf of the respondent No.1-original claimant
fairly admitted that the notice was never served upon the
appellant. Therefore, he has no objection, if the matter is
remanded back to the learned Tribunal.
4. In view of the above facts that the notice of the claim
petition was never served upon the appellant and the matter was
decided in the absence of the appellant and in place of ICICI
Bank Limited, the notice was served upon ICICI Lombard
General Insurance Company Limited. Therefore, impugned
judgment and award is not sustainable and the same is set aside
and the matter is remanded back to the learned Tribunal to
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C/FA/976/2025 ORDER DATED: 14/10/2025
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decide the said petition afresh within a period of 6 months after
serving the notice of the claim petition to the respondent No.2-
ICICI Bank Limited.
5. In view of the above directions, the present appeal stands
allowed. No order as to costs.
6. Fresh notice be issued to both the respondents by the
learned Tribunal.
7. At this stage, learned advocate for the appellant pointed
out that the awarded amount has been deposited with the
learned Tribunal. In view of the statement of the learned
advocate for the appellant, amount so deposited, be kept in the
FDR for initial period of 6 months and the same be renewed from
time to time till final disposal of the claim petition.
(MOOL CHAND TYAGI, J)
CDP
