National Insurance Company … vs Sahab Singh And Others on 9 November, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                         Civil Misc.No.17821-22-CII of 2009 and
                         Civil Revision No.403 of 2003 (O&M)

                         Date of Decision 09.11.2009

National Insurance Company Limited
                                                ...... Petitioner
                         VERSUS
Sahab Singh and others
                                                ...... Respondents

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:    Mr.Harsh Aggarwal, Advocate,
            for the petitioner.

         Mr.K.S.Dhanora, Advocate,
         for the respondents.
                      *****

A.N.JINDAL, J(ORAL):

Civil Misc.No.17821-22-CII

On the grounds, mentioned in the application, petition is

restored to its original number.

C.Ms. Stand allowed.

Civil Revision No.403 of 2003

This petition is directed against the order dated 21.05.2002,

passed by Permanent Lok Adalat of this Court.

Learned counsel for the petitioner has submitted that as per

impugned order, passed by permanent Lok Adalat of this High Court, the

matter was kept open in case Insurance Company does not agree. I have

also gone through the order. Relevant part of the order is reproduced as

under:-

“Counsel for the appellants agrees to the proposed order. Two

months’ time is allowed to the Insurance Company to give

concurrence and pay the amount, otherwise, the High Court
Civil Misc.No.17821-22-CII of 2009 and

Civil Revision No.403 of 2003 (O&M) -2-

may be moved for disposal of the appeal on merits according to

law.”

The intent and purport of the order is that it was based on

consent of the counsel and anticipated consent of the Company but the

Company did not give any consent to this order. I do not agree that such

order could be challenged by way of revision petition whereas the Company

was at liberty to move the application for disposal of the appeal on merits.

Faced with the situation, learned counsel for the petitioner

seeks permission to withdraw the present petition with liberty to move the

application to get the appeal decided on merits.

Request is allowed.

Dismissed as withdrawn with liberty aforesaid.

(A.N.Jindal)
Judge
09.11.2009
mamta-II