Rajasthan High Court
Rajiv Agarwal S/O Shri Purshottam ... vs Farokh Nariman Subedar on 14 October, 2022
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Review No. 1/2022
1. Rajiv Agarwal S/o Shri Purshottam Das Agarwal, R/o Flat
No. 3, Jal Vayu Vihar, Sector-7, Vidhyadhar Nagar, Jaipur,
Rajasthan-302023.
2. Kiran Agarwal W/o Shri Rajiv Agarwal, R/o Flat No. 3, Jal
Vayu Vihar, Sector-7, Vidhyadhar Nagar, Jaipur,
Rajasthan-302023.
----Petitioners
Versus
1. Farokh Nariman Subedar, Director Tata Aig General
Insurance Company Limited Having Registered Office At
Peninsula Business Park, Peeramal Tower, 9Th Floor,
Ganpat Rao, Kadam Marg, Lower Parel, Mumbai-400013.
2. Mr. Bhagyam Ramani, Director Tata Aig General Insurance
Company Limited Having Registered Office At Peninsula
Business Park, Peeramal Tower, 9Th Floor, Ganpat Rao,
Kadam Marg, Lower Parel, Mumbai-400013.
3. Mr. Saurabh Mahesh Agarwal, Director Tata Aig General
Insurance Company Limited Having Registered Office At
Peninsula Business Park, Peeramal Tower, 9Th Floor,
Ganpat Rao, Kadam Marg, Lower Parel, Mumbai-400013.
4. Mr. Sumit Bose, Director Tata Aig General Insurance
Company Limited Having Registered Office At Peninsula
Business Park, Peeramal Tower, 9Th Floor, Ganpat Rao,
Kadam Marg, Lower Parel, Mumbai-400013.
5. Mr. Pratip Sanjay Kar, Director Tata Aig General Insurance
Company Limited Having Registered Office At Peninsula
Business Park, Peeramal Tower, 9Th Floor, Ganpat Rao,
Kadam Marg, Lower Parel, Mumbai-400013.
6. Mr. Nilesh Garg, Director Tata Aig General Insurance
Company Limited Having Registered Office At Peninsula
Business Park, Peeramal Tower, 9Th Floor, Ganpat Rao,
Kadam Marg, Lower Parel, Mumbai-400013.
7. Mr. Michale Schnedler Jensen, Director Tata Aig General
Insurance Company Limited Having Registered Office At
Peninsula Business Park, Peeramal Tower, 9Th Floor,
Ganpat Rao, Kadam Marg, Lower Parel, Mumbai-400013.
(Downloaded on 18/10/2022 at 12:15:10 AM)
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8. Ms. Deepti Purna Housdurgam Vijay, Director Tata Aig
General Insurance Company Limited Having Registered
Office At Peninsula Business Park, Peeramal Tower, 9Th
Floor, Ganpat Rao, Kadam Marg, Lower Parel, Mumbai-
400013.
9. Mr. Kurush Daruwalla, Coo And Cs, Tata Aig General
Insurance Company Limited Having Registered Office At
Peninsula Business Park, Peeramal Tower, 9Th Floor,
Ganpat Rao, Kadam Marg, Lower Parel, Mumbai-400013.
10. Atri Chakraborty, Nhos, Tata Aig General Insurance
Company Limited Having Registered Office At Peninsula
Business Park, Peeramal Tower, 9Th Floor, Ganpat Rao,
Kadam Marg, Lower Parel, Mumbai-400013.
11. Mr. Akhilesh Garg, Manager, Jaipur, Tata Aig General
Insurance Company Limited Having Registered Office At
Peninsula Business Park, Peeramal Tower, 9Th Floor,
Ganpat Rao, Kadam Marg, Lower Parel, Mumbai-400013.
12. Registrar, National Consumer Dispute Redressal
Commission, Upbhokta Nyay Bhawan, 'f' Block, Gpo
Complex, Ina, New Delhi-110023.
----Respondents
For Petitioner(s) : Mr. Devanshu Saini for
Mr. Gautam Bhadadra
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
14/10/2022
1. The present Review Petition has been filed by the petitioner
for reviewing/recalling of the order dated 20.11.2021 passed by
this Court in S.B. Criminal Writ Petition No.491/2020 titled as
"Rajiv Agarwal & Anr. vs. Farokh Nariman Subedar & Ors."
2. Counsel for the petitioner has placed reliance on "Ganesh
Patel vs. Umakant Rajoria, 2022 Live Law (SC) 283". It is
contended by counsel for the petitioner that application for
recalling of the order is maintainable when it is an application
(3 of 3) [CRLRW-1/2022]
seeking procedural review and not substantive review, to which
Section 362 of Cr.P.C. would be attracted.
3. I have considered the contentions.
4. Against the judgment passed by National Consumer Disputes
Redressal Commission (in short 'NCDRC'), petitioner has preferred
Criminal Writ Petition before the High Court, which was dismissed
by this Court on 20.11.2021, by a detailed order.
5. There is no procedural error in the impugned order and this
Court has held that Criminal Writ Petition is not maintainable
against the order of the NCDRC.
6. No ground is made out for entertaining the present Review
Petition.
7. The same is accordingly dismissed as not maintainable.
8. Pending application(s), if any, stand disposed.
(PANKAJ BHANDARI),J
Amit/48
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