M/S REGENT AUTOMOBILES LTD. vs RELIANCE GENERAL INSURANCE

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29.07.2025 + CM(M) 968/2021, CM APPL. 39012/2021 & CM APPL. 45547/2025 M/S REGENT AUTOMOBILES LTD. .....Petitioner Through: Mr. Nimish Chib, Mr. Vartul Vishnoi & Mr. Chetan Silotia, Advocates. versus RELIANCE GENERAL INSURANCE .....Respondent Through: Mr. Rajeev M. Roy, Advocate. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed on behalf of the Petitioner under Article 227 of the Constitution of India against the order dated 01.03.2021 passed by learned Presiding Officer, MACT, South District, Saket Courts, New Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, an Application filed under Order IX Rule 13 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] filed by the Petitioner seeking to set aside an Award, which has been dismissed by the learned Tribunal. 2. At the outset, learned Counsel for the Respondent submits that the present Petition is not maintainable under the provisions of Article 227 of the Constitution, 1950 and that only an appeal is maintainable. Learned Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:01.08.2025 CM(M) 968/2021 Page 1 of 3 10:47:55 Counsel seeks to rely upon Order XLIII Rule 1(d) of the CPC in this behalf. 3. Learned Counsel for the Petitioner clarifies that the issue that arises in the present Petition is qua grant of recovery rights by an Award dated 17.12.2012 passed by learned Presiding Officer, MACT (South-01), Saket Courts, New Delhi [hereinafter referred to as “Award”] passed by the Ld. Tribunal. It is submitted that the challenge in the present Petition has been filed before this Court in view of the fact that recovery rights were gr