Rajasthan High Court
The New India Assurance Co vs Nihal Singh And Ors on 27 January, 2021
Bench: Goverdhan Bardhar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1265/2004
The New India Assurance Company Limited, Branch Office at
Sikar, having its Regional Office at Nehru Place, Tonk Road,
Jaipur through Regional Manager
----Appellant/Non-Claimant
Versus
1. Nihal Singh, S/o Chet Ram Yadav, aged about 40 years
resident of near corporate society Ajitgarh, District Sikar (Raj.)
----Respondent-Claimant
2. Kishan Lal, S/o Shree Bodan Ram, resident of opposite J.J.
Place, National Highway No.6, Behror, District Alwar (Raj.)
----Respondent- Non-Claimant
For Appellant(s) : Mr. Tripurari Sharma through VC
For Respondent(s) :
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
27/01/2021
The matter comes up for orders on an application (IA No.
1/2021) filed by the applicant/appellant/non-claimant under
Section 151 of the Code of Civil Procedure for reconstitution of the
file.
Learned counsel for the applicant submits that the
appellant/non-claimant filed Civil Misc. Appeal No. 1265/2004
against the judgment/award dated 10.05.2004 passed by
Commissioner Workman Compensation, Sikar, by which the claim
application filed by the claimant-respondent No.1 was partly
allowed along with interest at the rate of 9% per annum. This
Court after issuing notice to the respondents passed an order of
(2 of 2) [CMA-1265/2004]
stay on 20.09.2004. Service of notice has since been effected
upon the respondents. Learned counsel submits that the appeal
was listed for hearing in the year 2017. Learned counsel further
submits that the registered clerk attached with his office contacted
in the office about the case file by which the office informed that
the file is not traceable. Despite issuing of search slip, the file
could not be traceable, as a result of which an application has
been filed for reconstitution of the main file along with photocopy
of the memo of the appeal, the stay application, affidavit thereof,
certified copy of the impugned judgment and award as also the
photocopy of the order dated 20.09.2004.
For the reasons stated in the said application, same is
allowed. The Office is directed to reconstitute file of SB Civil Misc.
Appeal No. 1265/2004 (The New India Assurance Company
Limited vs. Nihal Singh and Anr.) subject to taking copy of the
memo of appeal filed with the aforesaid application on record.
Learned counsel for the appellant -Insurance Company seeks
permission of the Court to withdraw misc. appeal with liberty to
apply for recalling the order so passed by the Court, on receiving
notice of Appeal, if any, filed by the
respondent-claimant/respondent-owner of the vehicle in question
against the same award.
Permission as sought for is granted.
The civil misc. Appeal is accordingly dismissed as withdrawn
with liberty as prayed for.
(GOVERDHAN BARDHAR),J
Ritu/9
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