Supreme Court - Daily Orders
Regional Claims Manager Hdfc Ergo ... vs Sas Machine Tools Pvt. Ltd. on 8 March, 2019
Bench: D.Y. Chandrachud, Hemant Gupta
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 2626-2627 OF 2019
(@ SLP(C) Nos. 1205-1206 of 2019 )
REGIONAL CLAIMS MANAGER HDFC ERGO
GENERAL INSURANCE CO. LTD. Petitioner(s)
VERSUS
SAS MACHINE TOOLS PVT. LTD. Respondent(s)
O R D E R
Leave granted.
The National Consumer Disputes Redressal Commission1 has by its order dated 13 November 2018 declined to condone a delay of 68 days in filing an appeal against the order of the State Consumer Disputes Redressal Commission2.
In pursuance of the notice issued by this Court on 21 January 2019, the respondent has been served.
We have heard the learned counsel appearing on behalf of the appellant and the respondent.
In our view, it would have been in the interests of justice for the NCDRC to condone the delay, subject to an order of costs. By adopting an unduly technical view, the NCDRC has compounded the delay and expense for parties. Accordingly, we allow the appeal and set aside the impugned order of the NCDRC Signature Not Verified and direct that the delay on the part of the appellant in Digitally signed by MANISH SETHI Date: 2019.03.13 15:37:49 IST Reason: filing the First Appeal No. 1414 of 2018 shall stand condoned 1“NCDRC” 2“SCDRC” 2 subject to the payment of costs to the respondent quantified at Rs. 25000 (Rupees Twenty Five Thousand) which shall be a condition precedent.
The costs shall be paid over within a period of three weeks from today. The First Appeal shall accordingly, stand restored to the file of the NCDRC for disposal on merits.
The Appeals are, accordingly, disposed of.
.............................J. (DR. DHANANJAYA Y. CHANDRACHUD) .............................J. (HEMANT GUPTA) NEW DELHI MARCH 8, 2019 3 ITEM NO.47 COURT NO.11 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1205-1206/2019 (Arising out of impugned final judgment and order dated 13-11-2018 in IA No. 14691/2018 13-11-2018 in FA No. 1414/2018 passed by the National Consumers Disputes Redressal Commission, New Delhi) REGIONAL CLAIMS MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD. Petitioner(s) VERSUS SAS MACHINE TOOLS PVT. LTD. Respondent(s) (IA 11010/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 08-03-2019 These petitions were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Shailesh Madiyal, AOR Mr. Sudhanshu Prakash, Adv.
For Respondent(s) Mr. Goli Ram Krishna, Adv. Mr. Somanth Nookala, Adv. Mr. MV Venu, Adv.
Mr. Sumanth Nookala, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeals are disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)