NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(s).4232 OF 2008 (arising out of SLP(C)No.7373/2006)

NATIONAL INSURANCE CO. LTD.               ...Appellant

                       VERSUS

BHARAT BHUSHAN & ANR.                    ...Respondents

O R D E R

Leave granted.

This is an appeal from an order dated 7th of December, 2005 passed by the

High Court of Judicature at Allahabad in First Appeal from Order No.2964 of 2005.

The following order was passed by the Division Bench of the High Court:

“Supplementary affidavit filed today may be taken on record. Heard Sri V.K.  Birla, learned counsel for the appellant.  The appeal laches merit, therefore dismissed summarily. The statutory deposit made before this court be remitted to the Tribunal within 3 weeks.”  

After going through the impugned order, we are of the view that the High

Court had disposed of the appeal without applying its mind and without passing a

speaking and reasoned order.   That being the position,  only on this  ground the

matter is remitted back to the High Court for fresh disposal in accordance with law.

It  is  expected that this time, the High Court shall decide the same by passing a

speaking and a reasoned order.

contd...2/-

::2::

We are informed by the learned counsel for the respondent no.1  that the

money  has  already  been  paid  by  the  Appellant-Insurance  Company.   If  any

application is filed by the appellant before the High Court for refund of that money,

the same shall be decided at the earliest.  It would be open for the respondent to

contest the same.

The impugned order is accordingly set aside and the appeal is allowed to the

extent  indicated  above without  order as  to  costs.   Interim order,  if  any,  stands

vacated.

.....................J. (TARUN CHATTERJEE)      

.....................J. (AFTAB ALAM)            

      NEW DELHI, July 8, 2008.