AMRIT TRANSPORT COMPANY Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Aggrieved from order dtd. 21/9/2024 in civil suit no. 20/2016 titled as 'Oriental Insurance Company Ltd. Vs. Amrit Transport Company and Ors.' by learned Senior Civil Judge, Kota instant revision petition is preferred by petitioner defendant.

(2.) Service upon respondent no.1 (plaintiff) is sufficient and no one has appeared on behalf of respondent no.1. Respondent no.2 is proforma party.

(3.) Learned counsel for petitioner submits that Sec. 16 of the Carriage by Road Act, 2007 (hereinafter referred as 'Act of 2007') provides that it is necessary to serve a notice before institution of a suit or legal proceeding. He further submits that a similar issue was considered by Hon'ble Supreme Court in case of Essemm Logistics Vs. Darcl Logistics Limited and Ors. Civil Appeal No. 3229/2023 reported in . He also submits that initially this suit was decreed ex-parte wherein one evidence was produced by respondent plaintiff and he exhibited a claim bill as notice and further while considering the application under Order VII Rule 11 CPC the respondent plaintiff has referred claim bill as notice. He submits that a claim bill cannot be replaced as notice. He also submits that when a specific provision has been inserted in the Act, then it is necessary to make compliance before filing the civil suit. He also referred the proceedings and submits that initially ex-parte judgment was passed against the petitioner defendant but later on his application under Order 9 Rule 13 of CPC, the ex-parte judgment was set aside and the petitioner defendant was allowed to participate in the proceedings before the trial court wherein he moved an application under Order VII Rule 11 CPC.