Gujarat High Court Case Information System
Print
FA/1374/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1374 of 2010
To
FIRST
APPEAL No. 1387 of 2010
=========================================
ORIENTAL
INSURANCE CO LTD - Appellant(s)
Versus
SURTANIBEN
POSILYABHAI VASAVA & 3 - Defendant(s)
=========================================
Appearance
:
MR KASHYAP
R JOSHI for
Appellant(s) : 1,
None for Defendant(s) : 1 -
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 03/08/2010
ORAL
ORDER
Heard learned
Advocate Mr.Joshi for the appellant Insurance Company.
2. Learned
Advocate for the appellant wanted this Court to appreciate a
contention which was raised in written submissions, which were
submitted before the Tribunal on 25.09.2008.
3. This Court
cannot allow that contention to be raised before this Court in view
of the fact that this contention was required to be raised before the
Tribunal at an appropriate time, i.e. at the time of framing of
issues and the appellant Insurance Company ought to have got an
issue framed on this aspect.
3.1 In absence
of any specific issue being raised and specific finding being
recorded by the Tribunal, this Court is not able to accept the
contention raised by learned Advocate for the appellant Insurance
Company.
4. At this
juncture, learned Advocate for the appellant, seeks permission to
withdraw these appeals with a view to file an appropriate application
before the Tribunal putting forward this contention and with a
request to frame a specific issue on this point and record its
finding. Permission is granted. The appeals are disposed of as
withdrawn.
Direct
service is permitted.
(Ravi
R.Tripathi, J.)
*Shitole
Top