RELIANCE GENERAL INSURANCE CO. LTD. v. BANWARI LAL SHARMA S/O SHRI KAILASH CHAND SHARMA
CW/12834/2025 · 2025-09-10
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39143 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39143 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:36567] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12834/2025 Reliance General Insurance Co. Ltd., Through Manager, Regional Office, 405 To 408 Green House, Fourth Floor, O-19, Ashok Marg, C- Scheme, Jaipur (Raj.) Having Its Regional Office At 503, 5Th Floor Ever Shine Tower, amrapali Circle Vaishali Nagar, Jaipur Rajasthan-302021 Through Its Constituent Attorney. (Cover Note No. 108000451154) (Agency Code 297635) (Insurance Effective From 09.08.2008 To 08.08.2009) (Insurance Company Of Pickup No. Rj-14-Ga-7554) ----Petitioner Versus
1. Banwari Lal Sharma S/o Shri Kailash Chand Sharma, Aged About 36 Years, R/o Village Andhi, Tehsil Jamwaramgarh, District Jaipur (Raj.).
2. Kalyan Mali S/o Shri Chhitarmal Mali, R/o Village Birasana, Tehsil Jamwaramgarh, District Jaipur (Raj.). (Driver Of Pickup No. Rj-14-Ga-7554)
3. Chhitarlal Mali S/o Shri Seduram Mali, R/o Village Birasana, Tehsil Jamwaramgarh, District Jaipur (Raj.). (Owner Of Pickup No. Rj-14-Ga-7554) ----Respondents For Petitioner(s) : Mr. Virendra Agrawal with Mr. Prakhar Agrawal For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 10/09/2025
Learned counsel for the petitioner has submitted that the petitioner is aggrieved of the impugned order dated 08.07.2025 whereby application under Order IX Rule 13 of CPC filed for setting aside of ex parte award dated 16.03.2018 was not considered.
[2025:RJ-JP:36567] (2 of 2) [CW-12834/2025] It is further submitted that interconnected and interwoven matters as much as eight in number were to be considered. It is further submitted that the said lis inter-se the same parties was adjudicated by the Tribunal concerned, sans any evidence of service being carried out, and presuming the same to be complete. Consequentially, an ex parte order was passed. Upon a perusal of the impugned order it is noted that the matter pertains to the year 2014 wherein, the order was passed on 16.03.2018 awarding Rs. 1,30,139/- along with interest @ 9% per annum from the date of filing of the claim petition till actual payment against all the non-claimants jointly and severally; that the learned Officer has passed the order after specifically recording that at the registered office due service was carried out; that the application was filed in the year 2022, and the same came to be decided in the year 2025; that the fact of eight connected matters being adjudicated was never apprised to the concerned Tribunal, in the recall application. In view of the above, this Court is not inclined to interfere in the instant matter. However, it is clarified that passing of the present order shall not cause prejudice to any of the proceedings initiated by the petitioner herein. In view of the above, present petition is disposed of. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J JKP/66