SURJEET SINGH vs NATIONAL INS CO LTD & ORS.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30.04.2025 + MAC.APP. 45/2021 SURJEET SINGH .....Appellant Through: Mr. S.N. Parashar & Mr. Ritik Singh, Advocates. versus NATIONAL INS CO LTD & ORS. .....Respondents Through: Ms. Khushi Sachdeva, Proxy Counsel CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 2602/2021 [Delay in filing the Appeal] 1. This is an Application seeking condonation of delay in filing the Appeal. 2. Learned Counsel for the Appellant submits that the judgment was passed ex-parte in the absence of the Applicant/Appellant and thus, he was unaware of the judgment dated 03.11.2018. It is further stated that the Appellant has a good case on merits because the vehicle was duly insured. 2.1 Learned Counsel for the Appellant submits that although, a Counsel was appointed before the learned Tribunal, the Counsel did not appear and thus, no defence of the Appellant could be placed on record. The Appellant only became aware of the proceedings when he received Notice of initiation of Execution proceedings in August, 2019. Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:08.05.2025 MAC.APP. 45/2021 Page 1 of 7 12:02:18 2.2 Although, a Reply has been filed on behalf of the Respondents objecting to the condonation of delay Application, learned Counsel for Respondent No.1, on instructions fairly submits that in the interest of expediency, they have no objection if the prayers in the present Application are allowed. 3. Accordingly, the Application is allowed and the delay is condoned. 4. The Application stands disposed of. MAC.APP. 45/2021, CM APPL. 2600/2021 [Additional evidence], 2601/2021 [Stay] 5. Learned Counsel for the Appellant submits that he has a good case on merits. 6. It is the ca