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august 2008

Supreme Court of India · 2008-08-01

M/S UNITED INDIA INSURANCE CO.LTD. vs M/S WANI CARPETS

Citation / case number
SC 2007/10838
Court
Supreme Court of India
Petitioner
M/S UNITED INDIA INSURANCE CO.LTD.
Respondent
M/S WANI CARPETS
Author
S.B. SINHA,CYRIAC JOSEPH, , ,
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that the High Court's order directing the appellant to deposit the awarded amount without first restoring the appeal was improper. The Court emphasized that the discretionary jurisdiction to restore an appeal must be exercised before imposing conditions, and the High Court should have addressed the restoration application on its merits first. Consequently, the impugned order was set aside, and the High Court was instructed to consider the restoration application appropriately.

M/S UNITED INDIA INSURANCE CO.LTD. vs M/S WANI CARPETS · Niyam