S.M.I KAZIM Vs NEW INDIA ASSURANCE CO.LTD.
Bench: H.L. DATTU,CHANDRAMAULI KR. PRASAD
Case number: C.A. No.-000245-000245 / 2012
Diary number: 7188 / 2011
Advocates: K. V. BHARATHI UPADHYAYA Vs
DUA ASSOCIATES
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 245 OF 2012 (@ SPECIAL LEAVE PETITION(C)NO.6911 OF 2011)
S.M.I.KAZIM ... APPELLANT
VERSUS
NEW INDIA ASSURANCE CO. LTD. & ANR. ... RESPONDENTS
O R D E R
1. Leave granted. 2. This appeal is directed against the judgment and order
dated 12.01.2011 of the High Court of Judicature at Allahabad in
Civil Miscellaneous Application No.34180 of 2010 in Civil
Miscellaneous Writ Petition No.62495 of 2007. By the impugned
judgment, the High Court has refused to recall the earlier order
dated 03.12.2009.
3. Keeping in view the peculiar facts and circumstances
pleaded in the petition, we are of the opinion that the High Court
ought to have considered the application filed by the
applicant/appellant more sympathetically instead of approaching the
matter with hyper technicality while considering the request for
recalling the order passed and dismissing the petition for non-
prosecution.
4. We have perused the explanation offered by the appellant
in the application filed in recalling the order
: 2 :
dated 03.12.2009. We are satisfied that the explanation offered is
satisfactory and therefore, instead of remanding the matter to the
High Court, for fresh consideration of those application, we set
aside the impugned orders passed by the High Court dated 12.01.2011
and 03.12.2009 and remand the matter to the High Court with a
request to decide the petition on merits.
Appeal is disposed of.
Ordered accordingly.
.......................J. (H.L. DATTU)
.......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI; JANUARY 09, 2012