LAWS(NCD)-2019-1-46

IDBI FEDERAL LIFE INSURANCE CO LTD THROUGH ITS BRANCH MANAGER/INCHARGE SERVICE BRANCH Vs. KHUMAN SINGH S/O DEVA PATEL

Decided On January 10, 2019
Idbi Federal Life Insurance Co Ltd Through Its Branch Manager/Incharge Service Branch Appellant
V/S
Khuman Singh S/O Deva Patel Respondents

JUDGEMENT

(1.) Heard Learned Counsel for the parties and perused the impugned orders, passed by the State Commission at Circuit Bench at Udaipur, by which the Appeals preferred by the present Petitioner, have been dismissed for want of prosecution on the ground that its Counsel did not appear on the date fixed and some cases have been dismissed on the ground that even though the Counsel appeared, vakalatnama was not filed.

(2.) Learned Counsel for the Petitioner submitted that for considerable period of time, there had been no sitting of the State Commission for want of quorum/leave of the Presiding Officer and, therefore, the State Commission ought to have given an opportunity to the Petitioner to present its case and should not have dismissed the Appeals for want of prosecution.

(3.) Learned Counsel for the Respondents, however, submitted that Mr. Sunil Tailor, who was appearing on behalf of the Petitioner before the State Commission, had not filed his vakalat and, therefore, could not have appeared and argued the cases and, therefore, the State Commission was justified in dismissing the Appeals for want of prosecution.