National Insurance Co. Ltd vs Satya Parkash Sharma & Ors
2021 Latest Caselaw 2322 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                               RP No. 94 of 2017




                                                                              .
                                               Date of decision: 19.03.2021





    National Insurance Co. Ltd.                       ...Petitioner/respondent No. 3





                                      Versus

    Satya Parkash Sharma & Ors.                                          .....Respondents

    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
                                               No.
    Whether approved for reporting?1

    For the Petitioner/
    Respondent No. 3.
                          r                   Mr. Jagdish Thakur, Advocate.

    For respondents:                           Mr. Narain Singh Shandil, Advocate,
                                               for respondents No. 1 to 4.

                                               Mr. Atul Jhingan,             Advocate,        for


                                               respondent No. 5.


    Tarlok Singh Chauhan, Judge (Oral)

It is not in dispute that the name of the Counsel

representing the Insurance Company i.e. petitioner herein was

not reflected in the Cause List on the date when the case was

finally decided by this Court on 18.12.2015.

2. It is further not in dispute that the Counsel had filed

his power of attorney on 24.06.2009 whereas the judgment was

passed much on 18.12.2015. This in itself is a sufficient ground

to review/recall the judgment in question as the petitioner was

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

not afforded any opportunity of hearing whatsoever. Ordered

accordingly.

.

3. The judgment passed in FAO No. 30 of 2009 dated

18.12.2015 is ordered to be recalled/reviewed.

4. The FAO No. 30 of 2009 is ordered to be restored to

its original number. List for hearing on 08.04.2021.

5. The petition stands disposed of so also pending

applications, if any.

    19.03.2021
    (sanjeev)
                       r          to      (Tarlok Singh Chauhan)
                                                  Judge