MOHD SHAMIM vs SMT BALA AND ORS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.08.2025 + CM(M) 1399/2025, CM APPL.46054/2025 & 46055/2025 MOHD SHAMIM .....Petitioner Through: Ms. Pankaj Gupta, Advocate. versus SMT BALA AND ORS .....Respondents Through: Ms. Summan Bagga, Advocate for R- 5. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL.46054/2025[Exemption from filing certified copy] 1. Allowed, subject to just exemptions. 2. The Application stands disposed of. CM(M) 1399/2025, CM APPL. 46055/2025[Stay] 3. The present Petition has been filed on behalf of the Petitioner under Article 227 of the Constitution of India impugning the Order dated 14.05.2025 passed by the learned Presiding Officer, MACT, Shahdara, Karkardooma Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application filed by the Insurance Company under Order I Rule 10 of the CPC has been allowed. 4. Briefly the facts are that on 09.02.2024 the deceased was driving a scooty and the offending vehicle collided with the vehicle of the deceased due to which deceased sustained grievous injuries. The Detailed Accident Signature Not Verified Digitally Signed CM(M) 1399/2025 Page 1 of 3 By:GEETA JOSHI Signing Date:23.08.2025 19:05:01 Report was filed thereafter on 09.05.2024. The Respondent No.5/Insurance Company filed an application for deletion of their name from the array of the parties. It was stated in the Application that the policy in the present case was fake 5. The learned Trial Court, after examining the Application gave a finding that the Insurance Policy of the offending vehicle has been forged and fabricated qua which an FIR No.22/24 has been registered. Since the FIR has been registered, the Application of the Insurance Company has been