Nizam Ud Din Dar vs Oriental Insurance Co. Ltd
2024 Latest Caselaw 2086 j&K

Jammu & Kashmir High Court

Nizam Ud Din Dar vs Oriental Insurance Co. Ltd on 9 October, 2024

Bench: Sanjeev Kumar, Sanjay Dhar

                                            S. No. 10
                                            Supplementary Cause List
            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU

     Case:- LPA No. 64/2024 IN
            MA No. 464/2011
            CM No. 1894/2024
            CM No. 1895/2024
            CM No. 1896/2024

       Nizam Ud Din Dar                             ...Appellant(s)/Petitioner(s)

    Through: Mr. N.D. Qazi, Advocate

                                          Vs.

       Oriental Insurance Co. Ltd.                               ...Respondent(s)


    Through: Mr. Vishnu Gupta, Advocate

    CORAM:
     HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
     HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                                     ORDER

09.10.2024

This is an appeal filed under Clause 12 of Letters Patent against

the judgment of learned Single Judge passed in MA No. 464/2011 clubbed

with MA No. 461/2011, MA No. 9900002/2011 & MA No. 990006/2011 in

case titled, 'Oriental Insurance Company Ltd. Versus Ghulam Qadir & Anr.'

Learned counsel for the respondent has taken preliminary

objections with regard to the maintainability of appeal. It is claimed that in

view of the provisions of Section 100-A CPC, appeal against an order passed

by the Single Bench of the High Court is not maintainable For facility of

reference, Section 100-A CPC is reproduced as under:-

[100-A. No further appeal in certain cases.--Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge.]

In view of the settled legal position, this appeal is not maintainable

and, therefore, the application for leave to file the appeal is also not

maintainable. Thus, the instant appeal is dismissed.

Needless to say that dismissal of this appeal as also the leave to

file appeal application shall not come in the way of appellant seeking remedy

of review before the Single Bench.

                       (SANJAY DHAR)                (SANJEEV KUMAR)
                            JUDGE                         JUDGE

 JAMMU
 09.10.2024
 Mihul