Delhi High Court - Orders
Oriental Insurance Co Ltd vs Zaixhu Xie & Ors (M/S Qualcomm India Pvt ... on 29 July, 2025
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 976/2018
ORIENTAL INSURANCE CO LTD .....Appellant
Through: Mr. Ravi Sabharwal, Advocate.
versus
ZAIXHU XIE & ORS (M/S QUALCOMM INDIA PVT LTD )
.....Respondents
Through: Mr. Arvind Chaudhary, Advocate for
R-1 and 2.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 29.07.2025 CM APPL. 30550/2025 [Release of amount]
1. This Petition was dismissed in default and for non-prosecution on 17.03.2025 by this Court.
2. Respondent Nos.1 and 2/Claimants had filed an Application seeking release of the amounts.
3. Learned Counsel for the Appellant submits that although he opposes the Application, he has not filed the Reply since he has not received a copy of the complete paper book. He requests for an adjournment.
4. This request for adjournment is strenuously opposed by learned Counsel for Respondent Nos.1 and 2/Claimants. He submits that the accident happened 17 years ago and award was passed in favour of the Respondent Nos.1 and 2/Claimants which was stayed by this Court, subject This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 22:00:32 to deposit on 02.11.2018. He submits that subsequently, the matter was decided by the Predecessor Bench on 31.07.2019.
5. However, the matter was remanded back after a challenge before the Supreme Court for a fresh hearing as is recorded by the Predecessor Bench on 13.01.2021.
6. Learned Counsel for Respondent Nos.1 and 2/Claimants submits that the Appellant has been continuously changing Counsel and seeking adjournments. He submits that after 2021, the Appellant has been taking adjournment.
7. Learned Counsel for Respondent Nos.1 and 2/Claimants reiterates his contention that 33.33% of the awarded amount was previously released and that now the entire amount be released.
8. No ground for disallowing this Application has been shown by learned Counsel for the Appellant.
9. Given that the Petition as on date stands dismissed in default, no ground for adjournment has been made out by the learned Counsel for the Appellant.
10. However, in the interest of justice, one opportunity is granted in view of the fact that complete paper book is not available with the learned Counsel for the Appellant, list on 11.08.2025.
11. It is made clear that no further opportunity will be granted to the learned Counsel for the Appellant.
12. The parties shall act based on a digitally signed copy of the order.
TARA VITASTA GANJU, J JULY 29, 2025/pa This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 22:00:32