Madhya Pradesh High Court
Ajay Singh vs Surendra Sharma on 7 January, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 MA-507-2017
The High Court Of Madhya Pradesh
MA-507-2017
(AJAY SINGH AND OTHERS Vs SURENDRA SHARMA AND OTHERS)
11
Gwalior, Dated : 07-01-2020
Shri R.P. Gupta, counsel for the appellants.
Shri Sriniwas Gajendragadkar, counsel for the respondent - Oriental Insurance
Company.
Shri B.K. Agrawal, counsel for the respondent - New India Assurance Company Ltd.
It appears that this case was directed to be listed along with the appeals filed by the Insurance Companies but the notices were not issued.
It is submitted by the counsel for the Insurance Companies that since they have not received the notices, therefore, they could not file their vakalatnama. However, they are ready to accept the notices on behalf of the respective Insurance Companies.
Shri Gupta is directed to supply a copy of memo of appeal to the counsel for the respective Insurance Companies. Shri Gupta shall also verify that whether the requisite Court fee has been paid or not and if it has not been paid, then the same shall be paid along with the application under Section 149 of CPC.
As prayed, list this case in the week commencing 03.02.2020.
The Oriental Insurance Company Ltd. as well as the New India Assurance Company Ltd. have also filed their appeal against the impugned award. Today the said appeals have been decided. In those appeals, apart from the other grounds, the ground of excess payment under the miscellaneous head has also been taken up. Since the question of quantum is yet to be decided in this appeal, therefore, the question of excessive payment under any head to the claimant is kept open and shall be considered and decided while deciding this appeal.
(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2020.01.07 19:18:41 +05'30'