Haryana

StateCommission

MA/391/2024

SBI GENERAL INSURANCE COMPANY LIMITED - Complainant(s)

Versus

DALBIR S/O SH. KAM SINGH - Opp.Party(s)

TUSHAR ARORA

09 May 2024

ORDER

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Miscellaneous Application No. MA/391/2024
( Date of Filing : 01 May 2024 )
In
First Appeal No. A/1477/2023
 
1. SBI GENERAL INSURANCE COMPANY LIMITED
HEAD OFFICE NATRAJ 101 201 301 JUNCTION OF WESTERN EXPRESS HIGHWAY & ANDHERI KURLA ROAD ANDHERI EAST MUMBAI 400069 THROUGH ITS MANAGING DIRECTOR AUTHORIZED PERSON
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. DALBIR S/O SH. KAM SINGH
R O VPO SIWANA MAL TEHSIL SAFIDON DISTRICT JIND
2. UNION BANK OF INDIA
ERSTWHILE CORPORATION BANK NEAR ANAJ MANDI SAFIDON DISTRICT JIND
JIND
HARYANA
3. STATE OF HARYANA
THROUGH DEPUTY DIRECTOR, AGRICULTURE AND FARMERS WELFARE DEPARTMENT NEAR GOVT SR SEC SCHOOL JIND
JIND
HARYANA
...........Respondent(s)
 
BEFORE: 
  NARESH KATYAL PRESIDING MEMBER
 
PRESENT:
 
Dated : 09 May 2024
Final Order / Judgement

Mr. Karan Gaba, counsel for Mr. Tushar Arora, counsel for the appellant.

                   Mr. Sunil Goswami, counsel for respondent No.1.

                   Mr. Akaant Kumar Mittal along with Mr. Bhavesh Aggarwal, counsel for respondent No.2.

                   Ms.Monika Bhardwaj, Authorized Representative, on behalf of respondent No.3.

 

                   As per order dated 09.02.2024 contained in letter No.247-250, I am conducting these proceedings while sitting singly.

                    Mr. Sunil Goswami, Advocate has appeared and filled his power of attorney on behalf of respondent No.1. Mr. Akaant Kumar Mittal along with Mr. Bhavesh Aggarwal, Advocate has appeared and filed memo of appearance on behalf of respondent No.2. Power of attorney be now filed on adjourned date. Similarly, Ms. Monika Bhardwaj, Authorized Representative on behalf of respondent No.3 has appeared in person and submitted her authority letter, which is taken on record.

                   Service is complete.

                   M.A. No.391 of 2024 has also been filed by learned counsel for appellant, vide which it has been prayed that stipulated time (45 days) so specified in order dated 23.01.2024 for depositing amount by appellant be extended for the purpose of compliance of said order. Further prayer has been made to continue interim stay. Application is supported by affidavit of authorized signatory of appellant. Learned counsel has also appended; copy of order dated 19.04.2024 passed by learned District Consumer Commission, Jind. From perusal of this order, it is apparent that appellant has deposited amount in terms of order dated 23.01.2024 after consuming period of about 90 days. Learned District Consumer Commission has observed that disobedience of order dated 23.01.2024. In light of above, learned District Consumer Commission has issued Show Cause Notice to Managing Director of SBI General Insurance Company Ltd.-OP to appear before it on 28.05.2024. Since, admittedly, amount has already been deposited by appellant, may be, after expiry of time granted to it as per order dated 23.01.2024, yet, approach of learned District Consumer Commission to issue Show Cause Notice to Managing Director of SBI General Insurance Company Ltd.-OP would be a harsh opinion/observation on its part as order dated 23.01.2024 passed by this Commission stood complied regarding deposit of amount. This being so, during pendency of this appeal, implementation of impugned order dated 19.04.2024 would remain stayed. Consequently, M.A. No.391 of 2024 stands disposed off.

                   Adjourned to 19.12.2024 for requisition of record of learned District Consumer Commission.

 
 
[ NARESH KATYAL]
PRESIDING MEMBER
 

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