Co. Ltd. Vs. Bharat Bhushan & ANR  INSC 1058 (8 July 2008)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s).4232 OF 2008 (arising
out of SLP(C)No.7373/2006) NATIONAL INSURANCE CO. LTD. ...Appellant VERSUS
BHARAT BHUSHAN & ANR. ...Respondents ORDER Leave granted.
This is an appeal
from an order dated 7th of December, 2005 passed by the High Court of
Judicature at Allahabad in First Appeal from Order No.2964 of 2005.
The following order
was passed by the Division Bench of the High Court:
affidavit filed today may be taken on record.
Heard Sri V.K. Birla,
learned counsel for the appellant. The appeal laches merit, therefore dismissed
The statutory deposit
made before this court be remitted to the Tribunal within 3 weeks."
After going through
the impugned order, we are of the view that the High Court had disposed of the
appeal without applying its mind and without passing a speaking and reasoned
order. That being the position, only on this ground the matter is remitted back
to the High Court for fresh disposal in accordance with law.
It is expected that
this time, the High Court shall decide the same by passing a speaking and a
We are informed by
the learned counsel for the respondent no.1 that the money has already been
paid by the Appellant-Insurance Company. If any application is filed by the
appellant before the High Court for refund of that money, the same shall be
decided at the earliest. It would be open for the respondent to contest the
The impugned order is
accordingly set aside and the appeal is allowed to the extent indicated above
without order as to costs. Interim order, if any, stands vacated.
DELHI, July 8, 2008.