NATIONAL INSURANCE CO.LTD Vs. PRAKASHKUMAR MOHANLAL BODANA

JUDGEMENT

(1.) XXX XXX XXX

(2.) Having heard the learned Advocates for the respective parties and having regard to the facts and circumstances of the case, without expressing any opinion qua the allegation of fraud, this Court is of the opinion that once application is filed before the Tribunal making allegations of fraud having committed by any party, said application should be treated as suit and should be decided according to law. In this case, it is found by this Court that the application is filed as a Misc. Civil Application (Review) and considering only the scope of review, the Tribunal has decided it by rejecting the same. In the opinion of this Court, error is committed by the Tribunal as application has been decided without following procedural aspect. Hence, matter requires to be remanded to the Tribunal to decide Civil Misc. Application No.499 of 2005 afresh after giving full opportunity of hearing and adducing evidence to both the parties.

(3.) XXX XXX XXX