Chola Mandalam M.S. General ... vs Kumar Abhishek & Others
2021 Latest Caselaw 1201 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
          (Civil Miscellaneous Appellate Jurisdiction)
                 M.A. No. 396 of 2014
                        ........

Chola Mandalam M.S. General Insurance Co. Ltd.

.... ..... Appellant Versus Kumar Abhishek & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Ashutosh Anand, Advocate.

For the Respondents          :
                                      ........
06/09.03.2021.

Perused the report dated 05.03.2021 submitted by District Legal Services Authority, East Singhbhum, Jamshedpur.

It appears that no execution case has been filed till date by the claimants.

The Principal District Judge-cum-President / Secretary, DLSA, East Singhbhum, Jamshedpur is directed to look into the matter as awarded is of dated 10.09.2013.

The claimants have not filed any execution case, as such, within the prescribed period, the District Legal Services Authority should take endevour in filing the execution case in all claim cases, otherwise, even after passing the award in beneficial legislation, the award passed by the learned Tribunal will be no help for the claimants, as such, Secretary, JHALSA is also directed to look into the matter.

Let a copy of order be sent to the Secretary, JHALSA and President / Secretary, DLSA, East Singhbhum, Jamshedpur.

Learned counsel for the appellant has submitted that defect no. 3 is with regard to respondent no. 5 of memo is not party in certified copy of impugned order, though he was party in the claim application before the learned Tribunal, but while preparing the judgment / award, error has been committed by learned Tribunal by not made respondent no. 5 as party in the certified copy of the award, as such, certified copy of the award may be sent to the learned Tribunal for necessary correction.

Office is directed to verify and act accordingly. If such requirement is there, award must be sent to the learned Tribunal

within two weeks so as to obtain the same within a period of 30 days from the date of dispatch.

So far defect no. 1 i.e. address and party position of sole appellant may be corrected vide further S.R. dated 12.10.2020 is concerned, 30 days' time after the physical court starts is granted to appellant to remove the defect no. 1.

Put up this case thereafter.

(Kailash Prasad Deo, J.) Sunil/-