NEW INDIA ASSURANCE CO Vs. ABHIJIT NANDY

JUDGEMENT

(1.) This is a revision petition filed by the Asstt. General Manager. The New India Assurance Co. Ltd. , 4, Mangoe Lane, Calcutta-4, against an order dated 72.94 passed in Execution Case No.15/94 passed by the Calcutta District Forum. Respondent No.1 is one Abhijit Nandy Government Industrial Housing Estate Employees' Quarters, 87/b, Cossipore Road, Calcutta-700 002. Proforma Respondent No.2 is the Senior Divisional Manager, The New India Assurance Co. Ltd. , 7, Ganesh Ch. Avenue, Calcutta-13, who has since been allowed to be transposed as Revision Petitioner No.2. The facts giving rise to me impugned order dated 7.2.94 are as follows: -

(2.) The Respondent No.1 Abhijit Nandy had filed a case before the Calcutta District Forum, being C. D. P. Case No.2068 of 1993 against the present Revision Petitioner and the Proforma respondent No.2, both representing the New India Assurance Co. Ltd. claiming compensation of an amount of Rs.3,50,200/- against the O. Ps.-Insurance Company. The O. Ps. had appeared before the Forum and filed written objection against the complainant's claim. The case was fixed on 30.11.93 for hearing, but on that day none of the O. Ps. appeared. The case was accordingly heard ex parte and the Calcutta District Forum after discussing the case in details passed a lengthy order on 14.12.93 allowing the complainant's prayer. The O. Ps. were directed to comply with the order within one month, but the order having not been complied with an execution case being CDF Ex-15/94 was filed. A copy of the Execution petition was served on the J-dr O. Ps. who on 27.1.94 filed an objection in which they divulged that on the date of hearing of me main case on 30.11.93 their Advocate was not able to attend Court due to high fever. The said Advocate was instructed to take necessary steps for setting aside the final ex parte order. A petition was filed for this purpose and the order dated 14.12.93 was set aside by the District Forum on 21.12.93. Annexure "c-1" to their petition of objection filed on 27.1.94 is a xerox copy of the said order setting aside the ex-parte order.

(3.) We have brought the original files of both the main case and the Execution case. In the main CDP Case No.2068 of 1993 the order is available. In the last two lines of this order, the sentence "n / D is fixed 3.2, for hearing" is found in manuscript. Subsequently the figure "94" was inserted after 3.2. The order contains two signatures purporting to be of S. S. Gupta and S. Das. But in the certified xerox copy, the last sentence in manuscript is "next date is fixed on 3.2.94 for hearing, and there is no signature of S. S. Gupta and S. Das. Only their names are mentioned below the words. "member" and "president".