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SABITA PARASHAR v. THE NEW INDIA ASSURANCE COMPANY LTD.

Supreme Court of India | Diary 10106/2019

Status

ROP - of Main Case

Decided On

02-04-2024

Bench

HON'BLE MS. JUSTICE HIMA KOHLI and HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

Petitioner

SABITA PARASHAR

Respondent

THE NEW INDIA ASSURANCE COMPANY LTD.

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Full Judgment Text

ITEM NO.20 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 (Arising out of impugned final judgment and order dated 31-12-2018 in FAO No. 242/2017 passed by the High Court of Himachal Pradesh at Shimla) SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 02-04-2024 These petitions were called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Binay Kumar Das, AOR For Respondent(s) Mr. Pankaj Seth, Adv. Mr. P. K Seth, Adv. Mr. P.k. Seth, Adv. Ms. Manjeet Chawla, AOR Ms. Shivani, Adv. UPON hearing the counsel the Court made the following O R D E R 1. We are not inclined to interfere with the order/judgment impugned herein under Article 136 of the Constitution of India. 2. The petitions for Special Leave to Appeal are dismissed. Pending application(s), if any, shall stand disposed of. (RADHA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH)

SLP(C) No. 16510/2019 ITEM NO.57 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 (Arising out of impugned final judgment and order dated 31-12-2018 in FAO No. 242/2017 passed by the High Court Of Himachal Pradesh At Shimla) SMT. SABITA PARASHAR PETITIONER(S) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. RESPONDENT(S) WITH SLP(C) No. 16504/2019 (XIV) Date : 13-02-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Sandeep Jha, Adv. Mr. Binay Kumar Das, AOR Mr. Ram Ekbal Roy, Adv. Mr. Aman Nihal, Adv. Mr. Sanjay Kumar Singh, Adv. Ms. Priyadarshani Mishra, Adv. For Respondent(s) Mr. Pankaj Seth, Adv. Mr. P. K Seth, Adv. Ms. Manjeet Chawla, AOR Mrs. Usha Pant Kukreti, Adv. Mr. Yashvardhan S. Soam, Adv. 1

SLP(C) No. 16510/2019 UPON hearing the counsel, the Court made the following O R D E R 1. Counter affidavit has been filed by the respondent no.1-Insurance Company in SLP(C) No.16510/2019. Learned counsel submits that the other side may be directed to furnish her another copy of the paperbook in SLP(C) No. 16504/2019, to enable her to file a separate counter affidavit. 2. Complete set of paperbook of SLP(C) No. 16504/2019 shall be furnished by learned counsel for the petitioner to learned counsel for the respondent - Insurance Company within one week. Counter affidavit shall be filed within two weeks thereafter. 3. List these matters on 02 nd April, 2024. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH) 2

1 ITEM NO.36 REGISTRAR COURT. 2 SECTION XIV 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. VIVEK SAXENA Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 12-07-2023 These petitions were called on for hearing today. For Petitioner(s) Mr. Binay Kumar Das, AOR For Respondent(s) Mr. Pankaj Seth, Adv. Ms. Manjeet Chawla, AOR Mrs. Usha Pant Kukreti, Adv. Mrs. P.shanthi, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R SLP (C) 16510/2019 Respondent No.1 has already filed the counter affidavit. SLP stands dismissed for non-compliance against respondent Nos. 3 to 8 and 10. Despite ser vice of notice on respondent Nos. 2 and 9 there is no appearance on their behalf. Hence, the matter be processed for listing before the Hon'ble Court, under the rules.

2 SLP (C) 16504/2019 SLP stands dismissed for non-compliance against respondent Nos. 2 and 3. Four weeks time, is granted to respondent No. 1 , to file counter affidavit. After expiry of the said period, the matter be processed for listing before the Hon’ble Court, as per rules. VIVEK SAXENA Registrar MG

ITEM NO.1705 COURT NO.10 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 22-02-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARAVIND KUMAR [IN CHAMBER] For Petitioner(s) Mr. Binay Kumar Das, AOR For Respondent(s) Ms. Manjeet Chawla, AOR UPON hearing the counsel the Court made the following O R D E R Two weeks’ time is granted finally to the counsel for the petitioner to take fresh steps in respect of respondent nos. 3 to 8 and 10, failing which the SLP shall stand dismissed without reference to the Bench qua the respondent nos. 3 to 8 and 10. SLPC(C) 16504/2019 One week time is granted finally to the counsel for the petitioner to take fresh steps in respect of respondent nos. 2 and 3, failing which the SLP shall stand dismissed without reference to the Bench qua the respondent nos. 2 and 3. (DR. NAVEEN RAWAL) (NIDHI BHARDWAJ) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

1 ITEM NO.24 REGISTRAR COURT. 2 SECTION XIV 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. S.P.S. LALER Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 11-08-2022 These petitions were called on for hearing today. For Petitioner(s) Mr. Binay Kumar Das, AOR For Respondent(s) Mr. Pankaj Seth,Adv. Ms. Manjeet Chawla, AOR Mr. Yashvardhan S. Saam,Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R SLP(C) No. 16510/2019 Respondent No.1 has already filed the counter affidavit. S ervice of notice is complete on respondent Nos. 2 and 9 but none has entered appearance on their behalf. Ld. Counsel for petitioner has failed to comply with the terms of order dated 12.5.2022 despite opportunities in respect of Respondent Nos. 3 to 8 and 10. Viewed thus, the matter shall be processed for listing before the Hon'ble Judge in Chambers for

2 further directions. Await orders. List thereafter. SLP(C) No. 16504/2019 Ld. Counsel for respondent No.1 has not filed counter affidavit as Ld. Counsel for petitioner has failed to provide copy of pleadings to him. Ld. Counsel for petitioner is directed to provide the copy of pleadings to Respondent No.1 within a period of one week and file proof thereof. Thereafter Ld. Counsel for respondent No.1 shall within a period of four weeks file counter affidavit. Ld. Counsel for petitioner has failed to comply with the terms of order dated 12.5.2022 despite opportunities in respect of Respondent Nos. 2 and 3. Viewed thus, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders. List thereafter. S.P.S. LALER Registrar MG

ITEM NO.12 REGISTRAR COURT. 2 SECTION XIV 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. S.P.S. LALER Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 12-05-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Binay Kumar Das, AOR For Respondent(s) Ms. Manjeet Chawla, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R SLP(C) No. 16510/2019 Counter affidavit has already been filed on behalf of respondent no. 1. Two weeks time, as a last chance, is granted to learned counsel for the petitioner, to take fresh steps, to serve upon respondent nos. 3, 7, 8 and 10, as process could not be served. Two weeks time, as a last chance, is granted to learned counsel for petitioner, to take fresh steps and file fresh particulars, to serve respondent nos. 4, 5 and 6, as process could not be served. List again on 11.08.2022.

SLP(C) No. 16504/2019 Learned counsel for appellant, has not supplied copy of pleadings, in terms of Order dated 30 th March, 2022. Last opportunity, is granted to counsel to positively comply with the said Order, in this regard and file proof thereof, within one week. Respondent no. 1, thereafter, be granted four weeks time, to file Counter Affidavit. Two weeks time, as a last chance, is granted to learned counsel for petitioner, to take fresh steps, to serve upon respondent nos. 2 and 3, as process could not be served. List again on 11.08.2022. S.P.S. LALER Registrar pm

ITEM NO.12 REGISTRAR COURT. 2 SECTION XIV 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. SAURABH PARTAP SINGH LALER Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 30-03-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Binay Kumar Das, AOR For Respondent(s) Ms. Manjeet Chawla, AOR Mr. P. K. Seth, Adv. Mr. Yashvardhan S. Soam, Adv. UPON hearing the counsel, the Court made the following O R D E R SLP(C) No. 16510/2019 Counter affidavit has already been filed on behalf of respondent no. 1. Despite due service, none appears on behalf of respondent nos. 2 and 9. Two weeks time, is granted to the learned counsel for the petitioner, to take fresh steps, to serve upon respondent nos. 3, 7, 8 and 10, as process could not be served. Two weeks time is granted to the learned counsel for the

petitioner, to take fresh steps and file fresh particulars, to serve respondent nos. 4, 5 and 6, as process could not be served. List again on 12.05.2022. SLP(C) No. 16504/2019 Despite due service, none appears on behalf of respondent no. 1. However, Ms. Manjeet Chawla, Ld. Counsel appeared for the said respondent and submits that she has already filed vakalatnama and counter affidavit for respondent no. 1 in connected SLP No. 16510/2019. As prayed, learned counsel for petitioner is directed to provide copy of the pleadings to the learned counsel for respondent no. 1 within a weeks’ time and file proof. Thereafter, the respondent shall file vakalatnama and counter affidavit within a period of four weeks. Two weeks time, is granted to the learned counsel for the petitioner, to take fresh steps, to serve upon respondent nos. 2 and 3, as process could not be served. List again on 12.05.2022. SAURABH PARTAP SINGH LALER Registrar pm

ITEM NO.25 COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 28-02-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH [IN CHAMBER] For Petitioner(s) Mr. Sandeep Jha, Adv. Mr. Binay Kr. Das, AOR For Respondent(s) Ms. Manjeet Chawla, AOR UPON hearing the counsel the Court made the following O R D E R Mr. Sandeep Jha, learned counsel & Mr. Binay Kumar Das, AOR stated at the Bar that now they are appearing on behalf of sole petitioner in place of Mr. Nitin Kumar Thakur and the vakalatnama shall be filed within a period of one week from today. Thereafter, registry to process the matter further. (ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER

ITEM NO.25 REGISTRAR COURT. 2 SECTION XIV 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 Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 12 - 02 - 2020 This petition was called on for hearing today. For Petit ioner(s) For Respondent(s) Ms. Manjeet Chawla, AOR UPON hearing the counsel the Court made the following O R D E R Service of notice of alternative arrangement is complete on the Sole Petitioner, but no one has chosen to enter appearance on his behalf. Viewed thus, matters be processed for listing before the Hon’ble Judge in Chambers for further directions, as the petitioner is unrepresented. Await O rders. List thereafter. RAJIV KALRA Registrar pm

ITEM NO.46 REGISTRAR COURT. 2 SECTION XIV 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 Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 05-12-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Sandeep Jha, AOR For Respondent(s) Ms. Manjeet Chawla, AOR UPON hearing the counsel the Court made the following O R D E R Appearance :Ld. counsel for petitioner is present. None appeared for the Respondent. SLP(C) No. 16510/2019 Respondent No. 1 has already filed the Counter Affidavit. Service is complete upon respondent Nos. 2 and 9, but no one has entered appearance on their behalf. Notice could not be served to Respondent Nos. 4 to 6 as postal remarks shows “undelivered and Respondent Nos. 3, 7, 8 and 10 unserved. However, sole Petitioner is unrepresented as Ld. Counsel for the Petitioner is designated. Hence, await return of service of

ITEM NO.46 REGISTRAR COURT. 2 SECTION XIV notice of alternative arrangement already issued to the sole petitioner. However, Mr. Sandeep Jha, Advocate-on-Record undertakes to appear for the Sole Petitioner. He seeks and is given four weeks time to file the vakalatnama. List on 12.02.2020. SLP(C) No. 16504/2019 Service is complete upon respondent No.1, but no one has entered appearance on his behalf. Respondent Nos. 2 and 3 are unserved. However, sole Petitioner is unrepresented as Ld. Counsel for the Petitioner is designated. Hence, await return of service of notice of alternative arrangement already issued to the sole petitioner. However, Mr. Sandeep Jha, Advocate-on-Record undertakes to appear for the Sole Petitioner. He seeks and is given four weeks time to file the vakalatnama. List on 12.02.2020. RAJIV KALRA Registrar pm

ITEM NO.35 REGISTRAR COURT. 2 SECTION XIV 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 SURINDER S. RATHI Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) WITH SLP(C) No. 16504/2019 (XIV) Date : 08-08-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Nitin Kumar Thakur, AOR Mr. Sandeep Jha, Adv. Mr. Ugranath Kumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld. Counsel for the petitioner shall file spare copies within a period of one week as a last chance for issuance of notice. List again on 05.12.2019. SURINDER S. RATHI Registrar pm

ITEM NO.10+48 COURT NO.15 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16510/2019 (Arising out of impugned final judgment and order dated 31-12-2018 in FAO No. 242/2017 passed by the High Court Of Himachal Pradesh At Shimla) SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) (FOR ADMISSION and I.R.) Item No.48 Special Leave Petition (Civil) No.16504 of 2019 (For admission and I.R.) Date : 19-07-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Sandeep Jha, Adv. Mr. Vikas Gupta, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner submits that the offending vehicle had valid route permit during the relevant point of time. Issue notice. There shall be stay of recovery from the petitioner, until further orders. (RAJINDER KAUR) (SUKHBIR PAUL KAUR) BRANCH OFFICER AR CUM PS

ITEM NO.21 COURT NO.10 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9942/2019 SMT. SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.95241/2019-CONDONATION OF DELAY IN REFILING) Date : 11-07-2019 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE [IN CHAMBER] For Petitioner(s) Mr. Sandeep Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in refiling special leave petition is condoned. List the matter before appropriate Bench. (TUSHAR BISHT) (R.S. NARAYANAN) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.22 COURT NO.10 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10106/2019 SABITA PARASHAR Petitioner(s) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.93914/2019-CONDONATION OF DELAY IN REFILING) Date : 11-07-2019 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE [IN CHAMBER] For Petitioner(s) Mr. Sandeep Jha, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in refiling special leave petition is condoned. List the matter before appropriate Bench. (TUSHAR BISHT) (R.S. NARAYANAN) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

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