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2025 DAILYLAW 40971 (ALL)

MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED v. M/S BHARAT TRADING COMPANY, MADANI CHAUK AND ANOTHER

WRIC/11962/2025 · 2025-04-21

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59671 Court No. - 33 Case :- WRIT - C No. - 11962 of 2025 Petitioner :- Manager The Oriental Insurance Company Limited Respondent :- M/S Bharat Trading Company, Madani Chauk And Another Counsel for Petitioner :- Akhilesh Sharan Srivastava Counsel for Respondent :- Satya Deo Ojha Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and Sri S. D. Ojha, learned counsel for the respondent no.1-Claimant. 2. The order dated 21.01.2025 passed by Permanent Lok Adalat, Muzaffarnagar is under challenge in the present writ petition. 3. Apart from various other arguments one of the arguments has been raised by the counsel for the petitioner that the order passed by the Permanent Lok Adalat is a non speaking order and no cogent reasons whatsoever has been given in the aforesaid order while allowing the petition. It is further argued that in place of approaching the Permanent Lok Adalat respondent no.1 should file a claim petition before the ombudsman. 4. It is very fairly admitted by Sri S. D. Ojha, learned counsel for the respondent no.1 that the order is a non speaking order. 5. Law in this connection is well settled in the case of Siemens Engineering & Manufacturing Co. of India Limited vs. Union of India reported in 1976 (2) SCC 981 the Apex Court was dealing with an appeal against the order of the Central Government on a revision application under the Sea Customs Act, 1878. The Apex Court has laid down that : "It is now settled law that where an authority makes an order in exercise of a quasi-judicial function it must record its reasons in support of the order it makes. Every quasijudicial order must be supported by reasons." 6. In the facts and circumstances of the case, the order dated 21.01.2025 passed by Permanent Lok Adalat, Muzaffarnagar in PLA Case No.40 of 2023 is liable to be set aside and the same is hereby set aside. 7. The writ petition is allowed. 8. The Permanent Lok Adalat, Muzaffarnagar is directed to decide the matter afresh strictly in accordance with law most expeditiously and preferably within six months from the date of receipt of certified copy of this order. The petitioner is free to submit preliminary objections regarding maintainability of the claim petition. If it is so the Permanent Lok Adalat will also consider the same strictly in accordance with law. Order Date :- 22.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad