The Oriental Insurance Co. Ltd. v. Mahraj Singh Verma
HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet REVP No. 1 of 2016 • The Oriental Insurance Co. Ltd. Registered And Head Office At Oriental House, Post Box No. 7037, A-25/27, Asaf Ali Road, New Delhi 120002, Divisional Manager, Divisional Office Paramnand Bhawan, Dr. Rajendra Prasad Chowk, G.E.Road Durg, District Durg, Chhattisgarh ...........(Respondent No.3) --- Petitioner
Versus
1. Mahraj Singh Verma S/o Dukhuram Verma, Aged About 40 Years Permanent Resident Of Village Kobiya, Police Station Bemetara, District Durg (Now District Bemetara) Chhattisgarh, At Present Resident Of Risali Basti, Police Station Neval, Tahsil & District Durg, Chhattisgarh ............(Appellant No.1)
2. Jitendra Verma S/o Mahraj Verma, Aged About 18 Years Permanent Resident Of Village Kobiya, Police Station Bemetara, District Durg (Now District Bemetara) Chhattisgarh, At Present Resident Of Risali Basti, Police Station Neval, Tahsil & District Durg, Chhattisgarh ............(Appellant No.2)
3. Ku. Karina Verma D/o Mahraj Verma, Aged About 15 Years Minor, Through Legal Guardian Mahraj Verma, Permanent Resident Of Village Kobiya, Police Station Bemetara, District Durg (Now District Bemetara) Chhattisgarh, At Present Resident Of Risali Basti, Police Station Neval, Tahsil & District Durg, Chhattisgarh ............(Appellant No.3)
4. Dhirendra Verma S/o Mahraj Verma, Aged About 13 Years Minor, Through Legal Guardian Mahraj Verma, Permanent Resident Of Village Kobiya, Police Station Bemetara, District Durg (Now District Bemetara) Chhattisgarh, At Present Resident Of Risali Basti, Police Station Neval, Tahsil & District Durg, Chhattisgarh ............(Appellant No.4)
5. Ku. Durga Verma D/o Mahraj Verma, Aged About 7 Years Minor, Through Legal Guardian Mahraj Verma, Permanent Resident Of Village Kobiya, Police Station Bemetara, District Durg (Now District Bemetara) Chhattisgarh, At Present Resident Of Risali Basti, Police Station Neval, Tahsil & District Durg, Chhattisgarh ............(Appellant No.5)
6. Pushpendra Tiwari S/o Chandrika Prasad Tiwari, Aged About 28 Years R/o Village Madika, Police Station Amarpur, District Sidhi (M.P.) At Present Resident Of Baikunthdham, Mother Teresa Nagar, Near Water Tank, Chhawani (Bhilai), Police Station Chhawni, Tahsil & District Durg, Chhattisgarh ............(Respondent No.1)
7. M/s Bansal Borwells, Proprietor Amar Agrawal, S/o Badri Prasad Agrawal, A/ A 43 Years, R/o Samta Colony, House No. 151, Police Station Saraswati Nagar, Raipur, District Raipur, Chhattisgarh ............(Respondent No.2) --- Respondents 25.01.2017 Mr. Arvind Shrivastava, counsel for the petitioner. Mr. Raj Kamal Singh, counsel for respondent No.7.
Heard on I.A.No.1 for condonation of delay in filing the review petition.
For the reasons stated in the application, the delay in filing the review petition is condoned.
Further heard on application for review of the judgment/ order dated 19.06.2015.
It is stated that on 19.06.2015, the appeal preferred by the claimants was heard and in absence of counsel for respondent No.3, the Insurance Company (petitioner herein) the award was passed.
It is contended that the matter was listed and the name of counsel appearing for the petitioner/respondent No.3 was wrongly shown in the cause list as Animesh Shrivastava whereas his actual name is Anumeh Shrivastava, therefore, the name could not be detected in the computer.
Also perused the cause list of week commencing from 15.06.2105 to 19.06.2015 annexed to the petition. A perusal of the cause list would show that the name of counsel was shown as Animesh Shrivastava on respondents' side whereas the original record would show that in the Vakalatnama, the name of advocate is shown as Anumeh Shrivastava. It appears that due to wrong publication of counsel's name he could not appear when the case was taken-up for hearing.
In the considered opinion of this Court, due opportunity is to be granted to the counsel for respondent No.3 (petitioner herein). Consequently the Judgment/Order dated 19.06.2015 passed in Misc. Appeal (C). No.1163 of 2013 is recalled and the appeal may be further listed for final hearing on merits. Sd/- GOUTAM BHADURI JUDGE R a o