Vipin Kumar v. The New India Assurance Company Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-4563-2022 (O&M) Date of decision-21.11.2022 Vipin Kumar

...Petitioner

Vs.

New India Assurance Company Ltd.

...Respondent

CORAM:- HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Sandeep Kotla, Advocate for the petitioner. *** MANOJ BAJAJ, J. (Oral) Petitioner has filed this petition under Article 227 Constitution of India for setting aside the impugned order dated 19.07.2022 passed by Additional District Judge, Jhajjar, whereby the petitioner was proceeded against ex-parte, in execution proceedings arising from ex-parte award dated 30.03.2015.

Learned counsel for the petitioner has argued that though the award under execution was passed ex-parte but during the execution proceedings, the petitioner was represented by his counsel. He states that as the counsel had expired, therefore, nobody appeared on his behalf and the Executing Court erroneously proceeded against him ex-parte. During the course of hearing, it is not disputed by Mr. Kotla, learned counsel that against the impugned order, alternative remedy is available with the petitioner, thus, this Court is not inclined to exercise the superintendence powers under Article 227 Constitution of India. Dismissed.

(MANOJ BAJAJ) JUDGE 21.11.2022 geeta Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No GEETA RANI 2022.11.22 09:54 I attest to the authenticity and integrity of this document