Gujarat High Court
Legal Heirs And Representatives Of Decd vs National Insurance Company Ltd & ... on 16 March, 2017
Author: A.G.Uraizee
Bench: A.G.Uraizee
C/MCA/1000/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR MODIFICATION OF
ORDER) NO. 1000 of 2016
In CIVIL APPLICATION NO. 10530 of 2012
In FIRST APPEAL NO. 3051 of 2012
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LEGAL HEIRS AND REPRESENTATIVES OF DECD.
HITENDRASINH UDAJI....Applicant(s)
Versus
NATIONAL INSURANCE COMPANY LTD & 3....Opponent(s)
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Appearance:
MR ANKIT SHAH, ADVOCATE for the Applicant(s) No. 1 - 1.2
MR.J S SHAH, ADVOCATE for the Applicant(s) No. 1 - 1.2
MR NAGESH C SOOD, ADVOCATE for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 16/03/2017
ORAL ORDER
Rule. Mr Nagesh Sood, learned advocate waives service of notice of Rule on behalf of the respondent no.1. Presence of other respondents is not required for the disposal of this application.
2 I have heard Mr Ankit Shah, learned advocate for the applicant and Mr Nagesh Sood, learned advocate for the respondent no.1.
3 The present application is preferred for modification and correction of order dated 31st January, 2013 passed in Civil Application No.10530 of 2012 in First Appeal No.3051 of 2012 whereby due to inadvertence it is recorded that the respondent no.1-insurance company has already deposited the awarded amount along with proportionate costs to the tune of Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Aug 14 12:53:42 IST 2017 C/MCA/1000/2016 ORDER Rs.50,776/- before the Tribunal concerned. The amount recorded is by mistake which should be Rs.13,58,582/-.
3 It appears that the mistake has crept in due to inadvertence which is required to be corrected.
4 For the foregoing reasons, this application is allowed. The order dated 31.01.2013 passed in Civil Application No.10530 of 2012 is hereby modified and the amount of Rs.50,776, which is stated to have been deposited by respondent no.1 - insurance company should be read as Rs.13,58,582/-. The present application is accordingly disposed of. Rule is made absolute.
Direct Service is permitted.
(A.G.URAIZEE, J.) mohd Page 2 of 2 HC-NIC Page 2 of 2 Created On Mon Aug 14 12:53:42 IST 2017