Shanti Flats & Foundations Private Limited v. Mitto Devi
2016-07-29
MANSOOR AHMAD MIR
body2016
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. Learned counsel for the appellant argued that he has wrongly mentioned the particulars of the Bank in CMP No. 4073 of 2016 as Himachal Pradesh Gramin Bank, Sarsari, which has submitted its report and prayed that the concerned Bank be directed to give the details. Further argued that the issue involved in this appeal revolves around only to issue No. 2 so far it relates to 'from whom' and issue No. 7. His statement is taken on record. 2. Learned counsel for respondents stated that there is no ground available to the appellant to question the impugned award on these counts. 3. It appears that the learned counsel for the appellant is trying to convert this Court into a trial Court, which is not permissible as per law. 4. Keeping in view the submissions made by the learned counsel for the appellant read with the facts of the case, I deem it proper to set aside the findings recorded by the Tribunal on issue No. 7 and issue No. 2 so far it relates to as to who is to be saddled with liability with a direction to the Tribunal to decide the said issues within twelve weeks with effect from 1st October, 2016. The appellant-insured and the insurer be granted two opportunities each to lead evidence. 5. Parties to cause appearance before the Tribunal on 1st October, 2016. 6. Appellant is directed to deposit the awarded amount by or before 1st October, 2016. On deposition, the Tribunal is directed to release the said amount in favour of the claimants strictly as per the terms and conditions contained in the impugned award. 7. It is made clear that the deposition and release of the said amount shall remain subject to the outcome of the findings to be recorded by the Tribunal on the issues in dispute. 8. The impugned award so far it relates to other issues is upheld. 9. The appeal is disposed of accordingly. 10. Send down the record after placing copy of the judgment on Tribunal's file.