ex parte order. Ext.P2
petition was dismissed by Ext.P3 order holding that the
application for setting aside the ex parte order ... were set ex parte in the
above arbitration case. Petitioners immediately filed Ext.P3
petition to set aside the ex parte award
redressal of his grievance, which
culminated into a reference. An exparte award was made by
of
the H.P. Industrial TribunalcumLabour Court ... noticing the exparte award, respondent No. 2
company filed an application for setting aside the exparte
award, which was granted vide order, dated
award dated 12.7.2010. The award is an one paragraph award which reads as follows;
3. To-day the dispute is taken up for exparte evidence ... exparte award is an award in the eye of law capable of being executed. Therefore, the Award should be a reasoned award though the respondent
vehicle
i.e. petitioner.
3. On coming to know that ex-parte award has been
passed by learned Motor Accident Claims Tribunal, the
petitioner ... Code of Civil
Procedure with a prayer to set-aside the ex-parte award.
Since the applications were time barred, therefore, separate
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ex-parte order is
over, requesting the Commissioner under Employees Compensation
Act and Labour Court, Vadodara to set aside the ex-parte award
contending that ... before the Commissioner to prove their case
for setting aside the ex-parte award.
4. Thereby, after remaining absent before the Commissioner for
setting aside
appearance and as such were proceeded against
exparte. Consequently, exparte award came to be
passed on 27.3.2001 and a sum of `2,15,280/- with ... awarded. Respondent No.4, having come to
know about the exparte award, preferred an
.
application under Order 9 Rule 13 of the Code of Civil
vehicle
i.e. petitioner.
3. On coming to know that ex-parte award has been
passed by learned Motor Accident Claims Tribunal, the
petitioner ... Code of Civil
Procedure with a prayer to set-aside the ex-parte award.
Since the applications were time barred, therefore, separate
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award on
17.6.2013, directing the insurer to pay the amount and granting
liberty to realize the award amount from the insured. This ex parte
award ... before this court. This court set aside the ex-parte award to
the extent, it exonerated the insurer and gave an opportunity to the
insured
approached this Court
after the Labour Court set aside the ex-parte award.
By judgment dated 1.7.2015, delivered by this Court
in Writ Petition ... Shri Deshmukh, learned Advocate for the Respondent, has
strenuously defended the ex-parte award dated 10.08.2000. He places
reliance upon the affidavit in reply filed
material on record to contend
that, the earlier awards were not ex-parte awards and no
hearing afresh was required in the matter ... ex-parte order is
passed in recovery application while issuing
recovery certificate against petitioner by
Labour Court, Kalol and in some of the cases,
ex
