Himachal Pradesh High Court
United India Insurance Company Ltd. vs . Duku Devi & on 9 May, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
United India Insurance Company Ltd. Vs. Duku Devi & Ors.
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FAO No. 351/201709.05.2023 Present: Mr. Vivek Negi, Advocate, for the appellant.
Mr. G.R. Palsra, Advocate, for respondents No.1 to 5. Mr Naveen K. Bhardwaj, Advocate, for respondents No.6 and 7.
CMP No. 5005/2023For the reasons stated in the application, the same is allowed and disposed of.
FAO No.351/2017List for hearing on 31.05.2023.
Jyotsna Rewal Dua Judge 9th May, 2023(Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Niki Devi Vs. Amar Singh & Anr.
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RSA No. 224/201409.05.2023 Present: Mr. Rajul Chauhan, Advocate, for the applicant/appellant.
Mr. Vijay Bhatia, Advocate, for the non- applicants/respondents.
CMP(M) Nos. 19/2023 & 20/2023 These two applications have been moved by the applicant/appellant for bringing on record the legal heirs of deceased-respondent No.2 after condoning the delay.
Notices were issued to the proposed legal representatives Nos.2(a) to 2(d) for 04.03.2023. The legal representatives were served. However, they chose not to attend the Court proceedings, hence, they were proceeded ex parte. Learned counsel appearing for the non-applicant/respondent No.1 has no objection for allowing the prayer made in the application.
Respondent No.2 is stated to have died on 20.05.2021. His death certificate has been appended with the application.
Death has taken during the pendency of the present appeal.
In view of the aforesaid facts, both the applications under consideration, are allowed. The delay in filing the application, under Order 22 Rule 4, is condoned. Accordingly, CMP(M) No.20/2023 is allowed. The application to stand disposed of.
For the same reason, CMP(M) No.19/2023 is also allowed.
Legal representatives of deceased-respondent No.2, detail in paragraph-2 of the application, are allowed to be brought on record as respondents No.2(a) to 2(d). The application to ::: Downloaded on - 09/05/2023 20:46:04 :::CIS stand disposed of. Amended memo of parties be filed within one week. Registry to carry out necessary corrections in the .
cause title.
RSA No. 224/2014Issue notice to the newly impleaded respondents No.2(a) to 2(d), returnable within four weeks, on taking steps within three days.
Jyotsna Rewal Dua Judge 9th May, 2023 (Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Pavinder Kumar Vs. Jagdish Singh & Ors.
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RSA No. 101/201209.05.2023 Present: Mr. Dheeraj K. Vashisht, Advocate, for the appellant.
Ms. Amita Chandel, Advocate, for respondents No.1 to 4. CMP No.4513/2023 The applicant/appellant has moved this application seeking exemption from bringing on record the legal representatives of deceased-respondents No.20 and 22 namely Sh. Vinod Kumar and Sh. Vijay Kumar, respectively.
The factum of death of respondent No.20 (Vinod Kumar) on 2.8.2019 was brought to the notice of this Court by the respondents, by filing CMP No.12129/2021 that was taken note of in the order dated 18.10.2021. Learned counsel for the applicant/appellant submitted that respondents No.20 and 22 were impleaded as proforma defendants/respondents.
They were proceeded ex parte in both the learned Courts below. They had not even filed their written statements before the learned Trial Court. In the present appeal also they were impleaded in the capacity of proforma respondents. Learned counsel for the appellant invited attention to order dated 12.10.2012, whereby similar prayer of the appellant was allowed in respect of legal heirs of respondents No.19 and 21 on identical grounds and facts. Learned counsel for the non-
applicants/respondents has no objection for allowing the application. No reply is intended to be filed by the non-
::: Downloaded on - 09/05/2023 20:46:04 :::CISapplicants/respondents. Taking into consideration the pleadings in the application and the submissions made by .
learned counsel for the applicant/appellant and also keeping in view the order dated 12.10.2012, the prayer of the applicant/appellant is allowed with all just exceptions. The appellants are exempted from bringing on record the legal representatives of deceased-respondents No.20 and 22 namely Sh. Vinod Kumar and Sh. Vijay Kumar, respectively with all just exceptions. Application to stand disposed of.
Jyotsna Rewal Dua Judge 9th May, 2023(Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Roop Lal Vs. Biri Singh & Anr.
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Cr. Revision No. 720/202209.05.2023 Present: Ms. Deepmala Sharma, Advocate, for the petitioner.
Mr. Ashwani Sharma, Advocate, for respondent No.1.
Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.2.
Learned counsel for the petitioner states that the directions contained in the interim order dated 30.12.2022 have been complied with by the petitioner. She seeks two weeks' time to obtain instructions regarding depositing the balance amount of compensation. As prayed for, list on 31.05.2023.
Jyotsna Rewal Dua Judge 9th May, 2023 (Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Roop Lal Vs. Biri Singh & Anr.
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Cr. Revision No. 719/202209.05.2023 Present: Ms. Deepmala Sharma, Advocate, for the petitioner.
Mr. Ashwani Sharma, Advocate, for respondent No.1.
Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.2.
Learned counsel for the petitioner states that the directions contained in the interim order dated 30.12.2022 have been complied with by the petitioner. She seeks two weeks' time to obtain instructions regarding depositing the balance amount of compensation. As prayed for, list on 31.05.2023.
Jyotsna Rewal Dua Judge 9th May, 2023 (Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Sarup Singh Vs. R.D. Dhiman & Ors.
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COPC No. 425/202209.05.2023 Present: Mr. Ajay Thakur, Advocate vice Mr. Kulwant Singh Gill, Advocate, for the petitioners.
Mr. Navlesh Verma, Mr. Rupinder Singh,Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
At the request of learned vice counsel for the petitioners, list on 19.05.2023.
r Jyotsna Rewal Dua
Judge
9th May, 2023 (Rohit)
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Amita Singla Vs. State & Anr.
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Cr.MMO No. 280/2022
09.05.2023 Present: Ms. Srishti Chauhan, Advocate for the petitioner.
Mr. Navlesh Verma, Mr. Rupinder Singh,Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.1. Mr. Dhiraj Thakur, Advocate, for respondent No.2.
Cr.MMO No. 280/2022 & Cr.MP No.996/2022 Learned counsel for the petitioner seeks adjournment on the ground that the matter is to be argued by Mr. B.C. Negi, learned Senior Advocate. As prayed for, list on 19.05.2023.
Interim order to continue.
Jyotsna Rewal Dua Judge 9th May, 2023 (Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Rupesh Singh Vs. State & Ors.
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Cr.MMO No. 91/202109.05.2023 Present: Mr. Ajay Thakur, Advocate vice Mr. Athrav Sharma, Advocate, for the petitioner.
Mr. Navlesh Verma, Mr. Rupinder Singh,Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
Ms. Leena Guleria, learned Deputy Advocate General states that because of some wrong communication, the record is still not available. She seeks a week's time to produce the record. As prayed for, list on 18.05.2023.
Jyotsna Rewal Dua Judge 9th May, 2023(Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Anita Kanwar Vs. Virender Kumar .
Cr. Appeal No. 156/202009.05.2023 Present: Ms. Meera Devi, Advocate for the appellant.
None for the respondent.
As prayed for, list on 13.06.2023.
Jyotsna Rewal Dua Judge 9th May, 2023(Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Bhupender Kumar Vs. Raj Kumar & Ors.
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CMPMO No. 566/202209.05.2023 Present: None for the petitioner.
Mr. Bhupinder Singh Ahuja, Advocate, for the respondents.
Let mediation proceedings to continue.
In view of report of learned Mediator, let mediation proceedings to continue.
List on 2.6.2023 to oversee the outcome of the mediation proceedings.
Jyotsna Rewal Dua Judge 9th May, 2023 (Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Sharwan Kumar Vs. State .
Cr.MPM No. 1101/202309.05.2023 Present: Mr. Narendra Guleria, Advocate, for the petitioner.
Mr. Navlesh Verma, Mr. Rupinder Singh,Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for the respondent. Notice. Mr. Sumit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent. Status report be filed before the next date of hearing.
List on 19.05.2023.
Jyotsna Rewal Dua Judge 9th May, 2023(Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Executive Engineer, Flood Protection Vs. M/s TCM Steel (India) .
Arbitration Case No. 49/202209.05.2023 Present: Mr. Navlesh Verma, Mr. Rupinder Singh,Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for the petitioner. Mr. Atul Jhingan, Advocate, for the respondent.
9th May, 2023
r (Rohit)
to Jyotsna Rewal Dua
Judge
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Sharwan Kumar Vs. State
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Cr.MPM No. 1101/2023
09.05.2023 Present: Mr. Narendra Guleria, Advocate, for the petitioner.
Mr. Navlesh Verma, Mr. Rupinder Singh,Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for the respondent. Notice. Mr. Sumit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent. Status report be filed before the next date of hearing.
List on 19.05.2023.
Jyotsna Rewal Dua Judge 9th May, 2023(Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS M/s Pal Innovation Pvt. Ltd. Vs. M/s Sirmaur Sadburg Pvt. Ltd.
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CO. Petition No. 1/199309.05.2023 Present: Mr. Suneet Goel, Advocate, for the petitioner.
Mr. Raman Sethi, Advocate, for the respondent in liquidation.
Mr. Sanjeev Kuthiala, Sr. Advocate with Ms. Amita Chandel, Advocate, for the office Liquidator.
Let representatives of the petitioner and respondents in liquidation to remain present in the Court on the next date of hearing.
As prayed for, list on 19.05.2023.
Jyotsna Rewal Dua Judge 9th May, 2023(Rohit) ::: Downloaded on - 09/05/2023 20:46:04 :::CIS Suresh Kumar Vs. State & Ors.
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Cr.MMO No. 418/202309.05.2023 Present: Mr. Karan Kapoor, Advocate vice Mr. Ashok Kumar Verma, for the petitioner.
Mr. Navlesh Verma, Mr. Rupinder Singh,Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
At the request of learned vice counsel for the petitioner, list on 16.05.2023.
r Jyotsna Rewal Dua
Judge
9th May, 2023(Rohit)
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State Vs. Pritam Chand
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Cr. Revision No.2309/2023
09.05.2023 Present: Mr. Y.P.S. Dhaulta, Mr. Navlesh Verma, Mr. Rupinder Singh, Additional Advocates General with Ms. Seema Sharma, Ms. Leena Guleria and Mr. Sumit Sharma, Deputy Advocates General, for the petitioner. Heard. Let record of the case be requisitioned from the learned Trial Court before the next date.
List on 31.05.2023.
Jyotsna Rewal Dua
r Judge
9th May, 2023(Rohit)
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