1 CORRECTED IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION I.A.NO.74448 OF 2020 (Application for clarification/direction) IN REVIEW PETITION (C) NOS. 2186-2187 OF 2016 IN SPECIAL LEAVE PETITION (C) NOS.4616-4617 OF 2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) O R D E R The claim made by the respondent was partially accepted by the petitioner - Insurance Company. The respondent approached the National Consumer Disputes Resolution Commission aggrieved by the rejection of major part of the plaint. Notice was issued in the complaint which was served on the Insurance Company on 14.09.2015. As the Insurance Company did not file the written statement within the prescribed extended period the Commission closed the right of Insurance company to file a written statement. The application filed for recall of the order passed by the Commission
2 closing the right of the petitioner to file written statement was rejected on 18.12.2018. The Special Leave Petition filed by the Insurance Company was dismissed on 20.2.2016. Notice was issued in the Review petition filed by the Insurance Company on the ground that the point relating to the period within which the written statement has to be filed being mandatory was engaging the attention of the Constitution Bench of this Court. Notice was issued subject to the Insurance Company depositing an amount of Rs.25,00,000/- before the Registry of this Court. By a judgment dated 04.03.2020, the Constitution Bench held that the written statement has to be filed within the period prescribed under Section 13 of the Consumer Protection Act and the Consumer Forum has no power to extend the time. In view of the judgment of the Constitution Bench, the Review Petitions deserve to be dismissed. The Review Petitions are, accordingly, dismissed. Pending application(s) shall stand disposed of. The amount of Rs.25,00,000/- (Rupees twenty five lacs only) which is lying in the fixed deposit shall be refunded to the Insurance Company, with interest.
3 In view of the complaint filed by the respondent being pending for the last 5 years, we direct the National Commission to dispose of the complaint within six months. .......................J. ( L.NAGESWARA RAO ) ........................J. ( HEMANT GUPTA ) ........................J. ( AJAY RASTOGI ) NEW DELHI, December 15, 2020.
4 IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION I.A.NO.74448 OF 2020 (Application for clarification/direction) IN REVIEW PETITION (C) NOS. 2186-2187 OF 2016 IN SPECIAL LEAVE PETITION (C) NOS.4616-4617 OF 2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) O R D E R The claim made by the respondent was partially accepted by the petitioner - Insurance Company. The respondent approached the National Consumer Disputes Resolution Commission aggrieved by the rejection of major part of the plaint. Notice was issued in the complaint which was served on the Insurance Company on 14.09.2015. As the Insurance Company did not file the written statement within the prescribed extended period the Commission closed the right of Insurance company to file a written statement. The application filed for recall of the order passed by the Commission closing the right of the petitioner to file written
5 statement was rejected on 18.12.2018. The Special Leave Petition filed by the Insurance Company was dismissed on 20.2.2016. Notice was issued in the Review petition filed by the Insurance Company on the ground that the point relating to the period within which the written statement has to be filed being mandatory was engaging the attention of the Constitution Bench of this Court. Notice was issued subject to the Insurance Company depositing an amount of Rs.25,00,000/- before the Registry of this Court. By a judgment dated 04.03.2020, the Constitution Bench held that the written statement has to be filed within the period prescribed under Section 13 of the Consumer Protection Act and the Consumer Forum has no power to extend the time. In view of the judgment of the Constitution Bench, the Review Petitions deserve to be dismissed. The Review Petitions are, accordingly, dismissed. Pending application(s) shall stand disposed of. The amount of Rs.25,00,000/- (Rupees twenty five lacs only) which is lying in the fixed deposit shall be refunded to the Insurance Company.
6 In view of the complaint filed by the respondent being pending for the last 5 years, we direct the National Commission to dispose of the complaint within six months. .......................J. ( L.NAGESWARA RAO ) ........................J. ( HEMANT GUPTA ) ........................J. ( AJAY RASTOGI ) NEW DELHI, December 15, 2020.
7 ITEM NO.2 Court 8 (Video Conferencing) SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA 74448/2020, in R.P.(C) Nos. 2186-2187/2016 In SLP(C) Nos.4616- 4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (IA No. 74448/2020 - CLARIFICATION/DIRECTION) Date : 15-12-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Hetu Arora Sethi, AOR For Respondent(s) Mr. Ashutosh Dubey, AOR UPON hearing the counsel the Court made the following O R D E R The review petitions are dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (B.Parvathi) (Beena Jolly) Court Master Court Master (Signed order is placed on the file)
ITEM NO.5 Court 7 (Video Conferencing) SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) ( IA No. 74448/2020 - CLARIFICATION/DIRECTION) Date : 17-11-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Hetu Arora Sethi, AOR For Respondent(s) Mr. Ashutosh Dubey, AOR Mr. Achin Mittal, Adv. Mr. Abhishek Chauhan, Adv. Ms. Rajshree Dubey, Adv. UPON hearing the counsel the Court made the following O R D E R List on 15.12.2020. Additional documents, if any, be filed in the meanwhile. (Geeta Ahuja) (Anand Prakash) Court Master Court Master
ITEM NO.2 Court 7 (Video Conferencing) SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) Nos. 2186-2187/2016 in SLP(C) Nos. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (With IA No. 74448/2020 - CLARIFICATION/DIRECTION) Date : 16-10-2020 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Hetu Arora Sethi, AOR For Respondent(s) Mr. Achin Mittal, Adv. Mr. Ashutosh Dubey, AOR UPON hearing the counsel the Court made the following O R D E R List the matter after two weeks. (NIDHI AHUJA) (ANAND PRAKASH) AR-cum-PS BRANCH OFFICER
ITEM NO.19 REGISTRAR COURT. 2 SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. RAJIV KALRA R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (For FDR Renewal. ) Date : 09-12-2019 This petition was circulated today. For Petitioner(s) Mr. Hetu Arora Sethi, AOR For Respondent(s) Mr. Ashutosh Dubey, AOR Ms.Rajshri Dubey,Adv. Mr. Abhishek Chauhan,Adv. UPON hearing the counsel the Court made the following O R D E R Appearance: None present on behalf of petitioner. Ld. Counsel is present on behalf of respondent. F.D.R. may be renewed for a further period of one year. RAJIV KALRA Registrar MG
ITEM NO.17 REGISTRAR COURT. 2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR RAJESH KUMAR GOEL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (F.D.R. Renewal) Date : 27-11-2018 This petition was circulated today. For Petitioner(s) Mr. Hetu Arora Sethi, AOR For Respondent(s) Mr. Ashutosh Dubey, AOR UPON hearing the counsel the Court made the following O R D E R FDR may be renewed for a further period of one year. RAJESH KUMAR GOEL Registrar SB
ITEM NO.121 REGISTRAR COURT. 2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SANJAY PARIHAR R.P.(C) No. 21862187/2016 In SLP(C) No. 46164617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (FDR RENEWAL) Date : 18052018 This petition was circulated today. For Petitioner(s) Mr. Hetu Arora Sethi, AOR For Respondent(s) Mr.Abhishek Chauhan,Adv. Mr. Ashutosh Dubey, AOR UPON hearing the counsel the Court made the following O R D E R FDR may be renewed for a further period of six months. SANJAY PARIHAR Registrar SB
ITEM NO.28 REGISTRAR COURT. 2 SECTION S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SANJAY PARIHAR R.P.(C) Nos. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) Date : 18-08-2017 This petition was circulated today. For Petitioner(s) Ms. Hetu Arora Sethi, AOR For Respondent(s) Mr. Ashutosh Dubey, AOR UPON hearing the counsel the Court made the following O R D E R File not received. List again on 6.10.2017 . SANJAY PARIHAR Registrar MG
ITEM NO.37 REGISTRAR COURT. 1 SECTION S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAJESH KUMAR GOEL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) Date : 08-08-2017 This petition was circulated today. For Petitioner(s) Mr. Hetu Arora Sethi, AOR For Respondent(s) Mr. Abhishek Chauhan,Adv. Mr. Ashutosh Dubey, AOR UPON hearing the counsel the Court made the following O R D E R File not received. Be listed again on 16 th of August, 2017. RAJESH KUMAR GOEL Registrar
ITEM NO.40 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAJESH KUMAR GOEL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (with appln. (s) for oral hearing and stay and office report) Date : 28/04/2017 This petition was called on for hearing today. For Petitioner(s) Mr. Darpan K.M., Adv. Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Advocate, Mr. Rahul Mishra, appearing on behalf of Mr. Ashutosh Dubey, Advocate-on-record has filed vakalatnama and counter affidavit on behalf of the sole respondent on 26.4.2017. The matter stands complete. Registry to process the same for being listed before the Hon'ble Court, as per rules. (RAJESH KUMAR GOEL) Registrar
SECTION-XVII MATTER FOR: 28.04.2017 R/COURT NO: ITEM NO. : IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION NOS. 2186-2187 OF 2016 IN PETITION FOR SPECIAL LEAVE TO APPEAL NOS. 4616 - 4617 OF 2016 National Insurance Company Limited. ...Petitioner VERSUS M/s Fujikawa Pawer. ...Respondent OFFICE REPORT The Review Petitions above-mentioned were listed before the Ld. Registrar Court on 30 th March, 2017, when the following Order was passed: “Ld. Counsel, Mr. Achin Mittal appearing on behalf of Mr. Ashutosh Dubey, Advocate-on-record appears for the sole respondent. Vakalatnama and counter affidavit be filed within four weeks time. List again on 28.04.2017.” It is submitted that Mr. Achin Mittal, Advocate appearing on behalf of Mr. Ashutosh Dubey, Advocate-on-record has not filed vakalatnama and counter affidavit so far. The Review Petitions above-mentioned are listed before the Ld. Registrar Court with this office report. DATED THIS THE 27TH DAY OF APRIL, 2017 ASSISTANT REGISTRAR Copy to : Ms. Hetu Arora Sethi, Advocate ASSISTANT REGISTRAR nirbhay
LITEM NO.40 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAJESH KUMAR GOEL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUSM/S FUJIKAWA PAWER Respondent(s)(with appln. (s) for oral hearing and stay and office report)Date : 28/04/2017 This petition was called on for hearing today.For Petitioner(s) Mr. Darpan K.M., Adv. Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RThe Ld. Advocate, Mr. Rahul Mishra, appearing on behalfof Mr. Ashutosh Dubey, Advocate-on-record has filedvakalatnama and counter affidavit on behalf of the solerespondent on 26.4.2017.The matter stands complete.Registry to process the same for being listed before theHon'ble Court, as per rules. (RAJESH KUMAR GOEL) Registrar
ITEM NO.21 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (with appln. (s) for oral hearing and stay and office report) For Petitioner(s) Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld. Counsel, Mr Achin Mittal appearing on behalf of Mr Ashutosh Dubey, Advocate-on-record appears for the sole respondent. Vakalatnama and counter affidavit be filed within four weeks time. List again on 28.4.2017. (PAWAN DEV KOTWAL) Registrar
SECTION-XVII MATTER FOR: 30.03.2017 R/COURT NO: 01 ITEM NO. : 22 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION NOS. 2186-2187 OF 2016 IN PETITION FOR SPECIAL LEAVE TO APPEAL NOS. 4616 - 4617 OF 2016 National Insurance Company Limited. ...Petitioner VERSUS M/s Fujikawa Pawer. ...Respondent OFFICE REPORT The Review Petitions above-mentioned were listed before the Ld. Registrar Court on 8 th March, 2017, when the following Order was passed: “Await service/track report in respect of sole respondent. List again on 30.3.2017.” It is submitted that as per tracking report the notice has been delievered to the sole respondent but no one has entered appearance so far. (Copy of tracking report is enclosed herewith.) The Review Petitions above-mentioned are listed before the Ld. Registrar Court with this office report. DATED THIS THE 29TH DAY OF MARCH, 2017 ASSISTANT REGISTRAR Copy to : Ms. Hetu Arora Sethi, Advocate ASSISTANT REGISTRAR nirbhay
ÆITEM NO.21 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUSM/S FUJIKAWA PAWER Respondent(s)(with appln. (s) for oral hearing and stay and office report)For Petitioner(s) Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RLd. Counsel, Mr Achin Mittal appearing on behalf ofMr Ashutosh Dubey, Advocate-on-record appears for the solerespondent. Vakalatnama and counter affidavit be filed withinfour weeks time.List again on 28.4.2017. (PAWAN DEV KOTWAL) Registrar
Item No.34 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (with appln. (s) for oral hearing and stay and office report) Date : 08/03/2017 This petition was circulated today. For Petitioner(s) Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await service/track report in respect of sole respondent. List again on 30.3.2017. (PAWAN DEV KOTWAL) Registrar
òItem No.34 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUSM/S FUJIKAWA PAWER Respondent(s)(with appln. (s) for oral hearing and stay and office report)Date : 08/03/2017 This petition was circulated today.For Petitioner(s) Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RAwait service/track report in respect of sole respondent.List again on 30.3.2017. (PAWAN DEV KOTWAL) Registrar
ITEM NO.51 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (with appln. (s) for oral hearing and stay and office report) Date : 06/02/2017 This petition was circulated today. For Petitioner(s) Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the petitioner to take fresh steps for service of the sole respondent within two weeks' time. Notice thereafter be issued. List again on 8.3.2017. (PAWAN DEV KOTWAL) Registrar
èITEM NO.51 REGISTRAR COURT. 1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUSM/S FUJIKAWA PAWER Respondent(s)(with appln. (s) for oral hearing and stay and office report)Date : 06/02/2017 This petition was circulated today.For Petitioner(s) Ms Hetu Arora Sethi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RThe Ld. Counsel for the petitioner to take fresh stepsfor service of the sole respondent within two weeks' time.Notice thereafter be issued.List again on 8.3.2017. (PAWAN DEV KOTWAL) Registrar
ITEM NO.1 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (with appln. (s) for oral hearing and stay and office report) Date : 14/12/2016 This petition was circulated today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Ms. Hetu Arora Sethi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Let the matter be listed after the service is complete. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
SECTION-XVII MATTER FOR: 14.12.2016 COURT NO: 3 ITEM NO. : 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION NOS. 2186-2187 OF 2016 IN PETITION FOR SPECIAL LEAVE TO APPEAL NOS. 4616 - 4617 OF 2016 National Insurance Company Limited. ...Petitioner VERSUS M/s Fujikawa Pawer. ...Respondent OFFICE REPORT The Review Petitions above-mentioned were listed before the Hon'ble Court on 13 th May, 2016 when the Court was pleased to pass the following Order: “ Issue notice, subject to the petitioner depositing a sum of Rs.25 lacs (Rupees twenty five lacs only) before the Registry of this Court within four weeks hence. If the amount is not deposited within the time stipulated, the review petitions shall stand dismissed without further reference to this Court. In case the amount is deposited, the Registry shall issue notice fixing returnable date within eight weeks. Be it stated, we have issued notice regard being had to the fact that the matter has been referred to the Constitution Bench. There shall be stay of further proceedings in C.C. No.791 of 2015, pending before the National Consumer Dispute Redressal Commission, New Delhi , subject to the aforesaid deposit within the time frame. ” It is submitted that p ursuant to above said Order, counsel for the Petitioner has on 7 th June, 2016 deposited the amount of Rs. 25,00,000/- (Rupees Twenty five lakh only) within time in this Registry. The same has been kept in F.D.R for a period of 1 year i.e upto 17.06.2017. Accordingly, show cause notice has also been issued to sole Respondent through speed Post, tracking report is not available. However no one has entered appearance on behalf of sole respondent so far. Service of notice on sole respondent is incomplete. The Review Petitions above-mentioned are listed before the Hon'ble Court with this report. DATED THIS THE 9TH DAY OF DECEMBER, 2016. ASSISTANT REGISTRAR Copy to : Ms. Hetu Arora Sethi, Advocate ASSISTANT REGISTRAR
dITEM NO.1 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUSM/S FUJIKAWA PAWER Respondent(s)(with appln. (s) for oral hearing and stay and office report)Date : 14/12/2016 This petition was circulated today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Ms. Hetu Arora Sethi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E RLet the matter be listed after the service is complete.(Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
ITEM NO.6 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (office report for direction) Date : 10/06/2016 This petition was circulated today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY (VACATION BENCH) For Petitioner(s) Mr. Shravan Sahny, Adv. Ms Hetu Arora Sethi, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Office Report dated 08.06.2016 indicates that an amount of Rs. 25,00,000/- deposited by the petitioner pursuant to order dated 13.05.2016 is lying in a non-interest bearing account. It is directed that above amount be kept in an interest bearing Fixed Deposit in any nationalised bank, on usual terms and conditions. (Jayant Kumar Arora) Sr. P.A. (Sneh Lata Sharma) Court Master
ITEM NO.6 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) No. 2186-2187/2016 In SLP(C) No. 4616-4617/2016NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUSM/S FUJIKAWA PAWER Respondent(s)(office report for direction)Date : 10/06/2016 This petition was circulated today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY(VACATION BENCH)For Petitioner(s) Mr. Shravan Sahny, Adv. Ms Hetu Arora Sethi, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Office Report dated 08.06.2016 indicates that an amount ofRs. 25,00,000/- deposited by the petitioner pursuant to orderdated 13.05.2016 is lying in a non-interest bearing account. It is directed that above amount be kept in an interestbearing Fixed Deposit in any nationalised bank, on usual termsand conditions.(Jayant Kumar Arora)Sr. P.A. (Sneh Lata Sharma)Court Master
ITEM NO.21 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) Nos.2186-2187/2016 In S.L.P.(C) Nos.4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (With appln.(s) for oral hearing and stay and office report) Date : 13/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. M.N. Krishnamani, Sr. Adv. Ms Hetu Arora Sethi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, subject to the petitioner depositing a sum of Rs.25 lacs (Rupees twenty five lacs only) before the Registry of this Court within four weeks hence. If the amount is not deposited within the time stipulated, the review petitions shall stand dismissed without further reference to this Court. In case the amount is deposited, the Registry shall issue notice fixing returnable date within eight weeks. Be it stated, we have issued notice regard being had to the fact that the matter has been referred to the Constitution Bench. There shall be stay of further proceedings in C.C. No.791 of 2015, pending before the National Consumer Dispute Redressal Commission, New Delhi , subject to the aforesaid deposit within the time frame. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
SECTION-XVII MATTER FOR: 13.05.2016 COURT NO: ITEM NO. : IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION NOS. 2186-2187 OF 2016 WITH INTERLOCUTORY APPLICATION NOS. 1-2 AND 3-4 OF 2016 (Applications for Oral hearing in Court and stay) IN PETITION FOR SPECIAL LEAVE TO APPEAL NOS. 4616 - 4617 OF 2016 National Insurance Company Limited. ...Petitioner VERSUS M/s Fujikawa Pawer. ...Respondent OFFICE REPORT The Petitions above-mentioned were listed before the Hon'ble Court on 22 nd February, 2016 when the Court was pleased to pass the following Order: “Heard learned counsel for the petitioner. The special leave petitions are dismissed.” It is submitted that Ms. Hetu Arora Sethi, Advocate has on 18.03.2016 filed Review Petitions against this Court's order dated 22 nd February, 2016 which are within time. It is further submitted that Ms. Hetu Arora Sethi, Advocate has filed applications for Oral hearing in Court and stay with affidavit, which are registered as I.A Nos.1-2 and 3-4 of 2016 respectively. The Review Petitions along with applications above-mentioned are circulated before Hon'ble Judge in Chambers with this Office Report. DATED THIS THE 22ND DAY OF APRIL, 2016. ASSISTANT REGISTRAR Copy to : Ms. Hetu Arora Sethi, Advocate ASSISTANT REGISTRAR
: ITEM NO.21 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) Nos.2186-2187/2016 In S.L.P.(C) Nos.4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (With appln.(s) for oral hearing and stay and office report) Date : 13/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. M.N. Krishnamani, Sr. Adv. Ms Hetu Arora Sethi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, subject to the petitioner depositing a sum of Rs.25 lacs (Rupees twenty five lacs only) before the Registry of this Court within four weeks hence. If the amount is not deposited within the time stipulated, the review petitions shall stand dismissed without further reference to this Court. In case the amount is deposited, the Registry shall issue notice fixing returnable date within eight weeks. Be it stated, we have issued notice regard being had to the fact that the matter has been referred to the Constitution Bench. There shall be stay of further proceedings in C.C. No.791 of 2015, pending before the National Consumer Dispute Redressal Commission, New Delhi, subject to the aforesaidSignature Not Verified deposit within the time frame.Digitally signed byCHETAN KUMARDate: 2016.05.1317:36:49 ISTReason: (Chetan Kumar) (H.S. Parasher) Court Master Court Master
CHAMBER MATTER SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) Nos.2186-2187/2016 In S.L.P.(C) Nos.4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (With appln. (s) for oral hearing and stay and office report) Date : 04/05/2016 This petition was circulated today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH By Circulation UPON perusing papers the Court made the following O R D E R List the review petitions in the open Court next week. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
SECTION-XVII MATTER FOR: 04.05.2016 COURT NO: ITEM NO. : IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION NOS. 2186-2187 OF 2016 WITH INTERLOCUTORY APPLICATION NOS. 1-2 AND 3-4 OF 2016 (Applications for Oral hearing in Court and stay) IN PETITION FOR SPECIAL LEAVE TO APPEAL NOS. 4616 - 4617 OF 2016 National Insurance Company Limited. ...Petitioner VERSUS M/s Fujikawa Pawer. ...Respondent OFFICE REPORT The Petitions above-mentioned were listed before the Hon'ble Court on 22 nd February, 2016 when the Court was pleased to pass the following Order: “Heard learned counsel for the petitioner. The special leave petitions are dismissed.” It is submitted that Ms. Hetu Arora Sethi, Advocate has on 18.03.2016 filed Review Petitions against this Court's order dated 22 nd February, 2016 which are within time. It is further submitted that Ms. Hetu Arora Sethi, Advocate has filed applications for Oral hearing in Court and stay with affidavit, which are registered as I.A Nos.1-2 and 3-4 of 2016 respectively. The Review Petitions along with applications above-mentioned are circulated before Hon'ble Judge in Chambers with this Office Report. DATED THIS THE 22ND DAY OF APRIL, 2016. ASSISTANT REGISTRAR Copy to : Ms. Hetu Arora Sethi, Advocate ASSISTANT REGISTRAR
< CHAMBER MATTER SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) Nos.2186-2187/2016 In S.L.P.(C) Nos.4616-4617/2016 NATIONAL INSURANCE COMPANY LTD Petitioner(s) VERSUS M/S FUJIKAWA PAWER Respondent(s) (With appln. (s) for oral hearing and stay and office report) Date : 04/05/2016 This petition was circulated today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH By Circulation UPON perusing papers the Court made the following O R D E R List the review petitions in the open Court next week. (Chetan Kumar) (H.S. Parasher) Court Master Court MasterSignature Not VerifiedDigitally signed byGULSHAN KUMARARORADate: 2016.05.0417:13:56 ISTReason: