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Delhi High Court - Orders

Indraprastha Logistics Private ... vs Naveen Kumar & Ors on 1 December, 2021

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                      $~38
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      +      MAC.APP. 113/2021
                                             INDRAPRASTHA LOGISTICS
                                             PRIVATE LIMITED                                       ..... Appellant
                                                                Through      Mr. Rishi Sood, Advocate

                                                                versus

                                             NAVEEN KUMAR & ORS.                               ..... Respondents
                                                        Through              Mr. Sankar Sinha, Advocate for Ins.
                                                                             Co./R-3 (through VC)

                                             CORAM:
                                             HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                          ORDER

% 01.12.2021 CM APPL. 42932/2021 (Exemption) Allowed, subject to all just exceptions. MAC.APP. 113/2021 & CM APPL. 42931/2021 (stay)

1. Issue notice. Notice is accepted by Mr. Sankar Sinha, Advocate for the insurance company.

2. It is contended by learned counsel for the appellant that at the time when the bus was handed over to the driver, he was not in a drunk state and there is a possibility that after the bus was handed over, the driver could have consumed liquor. He, however, submits that even this has not been established by evidence before the tribunal.

3. Reply to the application be filed within four weeks. Rejoinder, Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL MAC.APP. 113/2021 SACHDEVA 1 MAGGU Signing Date:01.12.2021 Signing Date:02.12.2021 07:36:23 20:26 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

if any, be filed within four weeks thereafter.

4. List on 12.07.2022.

5. In the meantime, operation of the impugned award in so far as it grants recovery rights against the appellant shall remain stayed till the next date of hearing.

SANJEEV SACHDEVA, J DECEMBER 1, 2021 'rs' Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL MAC.APP. 113/2021 SACHDEVA 2 MAGGU Signing Date:01.12.2021 Signing Date:02.12.2021 07:36:23 20:26 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.