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1. Petitioner has approached this Court under Section 34 of the Arbitration and Conciliation Act, 1996 („A&C Act') challenging the Order dated 13.05.2023, by which an application under Order I Rule 10 CPC filed on behalf of the Claimant (Petitioner-herein) seeking impleadment of Mr. Rajesh Kumar Srivastava as Respondent No.4 in the arbitration proceedings has been dismissed.

2. Shorn of unnecessary details, the facts leading to the filing of the present petitions are as under:-

1. Petitioner has approached this Court under Section 34 of the Arbitration and Conciliation Act, 1996 („A&C Act') challenging the Order dated 13.05.2023, by which an application under Order I Rule 10 CPC filed on behalf of the Claimant (Petitioner-herein) seeking impleadment of Mr. Rajesh Kumar Srivastava as Respondent No.4 in the arbitration proceedings has been dismissed.

2. Shorn of unnecessary details, the facts leading to the filing of the present petitions are as under:-

1.      The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (the "Act") against order dated 05.12.2016, passed by the learned Gujarat State Consumer Disputes Redressal Commission, Ahmedabad ('State Commission') in FA No. 875/2014 wherein the State Commission allowed the Appeal filed by the OP against the District Consumer Disputes Redressal Forum, Navsari, ('the District Forum') order dated 28.11.2013 wherein the District Forum had allowed the complaint by the Petitioner.

2.      As per report of the Registry there is a delay of 91 days in filing of the Revision Petition. For the reasons stated in the Application seeking Condonation of delay, the same is condoned.

3.       The Complainant approached the Hon'ble National Consumer Disputes Redressal Commission with the following prayers:

"a) To compensate  the complainant for the actual loss suffered (amounting to Rs.1,03,83,335/-) and release the remaining claim amount for the loss due to fire amounting to Rs.60 Lakhs (Approximately) along with interest at the rate of 15% p.a. from the date of loss i.e. 22.05.2017 till its actual payment to the complainant.

b) To compensate and make payment of Rs.25,00,000/- as compensation on account of unfair trade practice, harassment, mental agony caused to the complainant by the misleading and negligent acts of respondent/Insurance Company and not paying the insurance claim at reinstatement value basis as specified in the insurance policy.

1.      The Appellant filed the instant Appeal under section 51(1) of the Consumer Protection Act, 2019 (hereinafter referred to as "the Act"), against the Order dated 22.07.2022 passed by the learned State Consumer Disputes Redressal Commission, Madhya Pradesh ("State Commission") in Consumer Complaint No. 83/2022, wherein the State Commission dismissed the Complaint.

2.      As per report of the Registry, there is 31 days delay filing the Appeal. For reasons stated in IA/9118/2022, the delay is condoned.

3.      For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.

4.      The brief facts of the case are that the complainant's husband, Dilip Kumar Singh, obtained an insurance policy from OP insurance company on 28.06.2015. On 16.08.2015, while returning from Omkareshwar to Ujjain during Kavad Yatra, he met with an accident near Baigram on the Indore-Khandwa road and died. Following his death, the complainant submitted a claim to OP insurance company. However, the same was rejected on the ground that material facts about previous health conditions of the deceased were not disclosed in the proposal form. Hence, complainant filed C.C. No. 83/2022.

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application u/S. 483 of B.N.S.S. Act, 2023 (439 of Cr.P.C.). for grant of bail in connection with Crime No. 140/2020 registered at Police Station S.T.F, District Bhopal for commission of offence punishable under Sections 420, 467, 468, 471 and 120-B of the IPC. The applicant is in custody since 25/07/2024 Prosecution story, in short, is that complaint was lodged by one Bharat Singh, who is the President of Dilip Buildcon Limited stating that cheque bearing No. 235994 amounting to Rs.4,200/- has been made and amount of Rs.8,84,62,302/- has been cloned on the aforesaid cheque. The said cheque was submitted for clearance on 02/03/2020 before Punjab National Bank Branch Bandra Mumbai (Maharashtra), where the aforesaid cheque has already been cleared on 20/08/2020 for the said amount of Rs.4,200/-issued in the name of NEUTRAL CITATION NO. 2024:MPHC-JBP:55317 2 MCRC-46936-2024 Subbavarapu Satyanarayan. On the basis of aforesaid complaint, case has been registered against the applicant and other co-accused persons.

It appears that a Sole Arbitrator had been appointed in terms of the arbitration clause contained in the agreement dated December 5, 2018.

An application under section 17 of the Arbitration and Conciliation Act, 1996 (for short "the Act") had been preferred before the learned Arbitrator. Two Officers were appointed as Receivers in respect of the subject asset. The Receivers were directed to take physical possession of the said asset being an equipment being XR 220D, bearing engine no.22293605 along with its accessories, as mentioned in the agreement.

Pleadings disclose that the Receivers were not able to take physical possession of the asset in question as they were resisted by the respondents and the local police authorities also did not cooperate.

Bivas Pattanayak, J. :-

1. The instant execution case has been filed by the plaintiff-decree holder against the defendant-judgment debtor for execution of a decree dated 24th March, 2021 for a sum of Rs.12,54,607.68/-.

2. In its affidavit in support of tabular statement the decree holder contends that the judgement-debtor holds immovable property namely an office at Golpark Co-operative Housing Society, Flat no. 13/B2, 4th Floor, 49C, Govindapur Road, Lake Gardens (near Jodhpur Market), Kolkata-

2

700068 and operates bank account at UCO Bank, Park Circus Branch, Kolkata-700014.

3. The judgement debtor through its partner filed its affidavit of assets who contends that he possesses the above mentioned flat and the bank account.

8. That attested copy of DAR is Ex. PW-1/1 already on record with the court, attested copy of Charge- sheet is Ex. PW-1/2 already on record with the court, copy of Fir is Ex. PW-1/3 already on record with the court, copy of MLC is Ex. PW-1/4 already on record with the court, copy of post mortem report is Ex. Pw-1/5 already on record with the court, copy of salary certificate is Ex. PW-1/6 already on record with the court, copy of mechanical inspection report of offending vehicle is Ex. PW-1/7 already on record with the court, copy of site plan is Ex. PW-1/8 already on record with the court, copy of Insurance Certificate of offending vehicle is Ex. PW-1/9 already on record with the court, copy fo R/C details of offending vehicle is Ex. PW-1/10 already on record with the court, copy of Driving Licence Verification report of respondent/accused is Ex. PW-1/11 already on record with the court, copy of arrest memo is Ex. PW-1/12 already on record with the court, Copies of Aadhar Cards of legal heirs are Ex. Pw-1/13 (Colly.) already on record with the court. Copy of Funeral receipt issued from Shamshan Ghat is Ex. PW-1/14. Copy of Death Certificate of my deceased father is Ex. PW-1/15.

Operatorul bursei elvețiene, SIX Group AG, a convenit achiziția Aquis Exchange Plc, o bursă de tranzacționare și furnizor de date din Marea Britanie, într-o tranzacție cu o valoare de aproximativ 194 milioane de lire sterline (250 milioane de dolari), potrivit Bloomberg. Conform unui comunicat de presă emis luni, consiliul Aquis a recomandat în unanimitate această ...

The post Bursa elvețiană cumpără Aquis din Marea Britanie în cea mai mare achiziție din 2020 appeared first on Forbes Romania.

Know-how, pasiune, familie și echipă, ingredientele succesului companiei Team Montage, care anul acesta împlinește 15 ani de activitate în piața industriei metalice din România. Interviu alături de Boštjan Jagodič – Founder Team Montage, și Claudia Jagodič – Managing Director Team Montage Care sunt principalele obiective ale strategiei de business şi principalele realizări ale companiei dumneavoastră ...

The post Team Montage – O companie de familie, o poveste de succes appeared first on Forbes Romania.

Adunarea Generală a creditorilor companiei Angst a aprobat valorificarea a patru spații comerciale din București și unul din Ilfov, cu valoare totală de piață de 3,6 milioane de euro. Infinexa, companie antreprenorială românească specializată în restructurarea și finanțarea firmelor aflate în dificultate, anunță scoaterea la licitație a cinci spații comerciale ce aparțin procesatorului de carne ...

The post Creditorii companiei Angst au aprobat vânzarea unor spații comerciale în valoare de 3,6 milioane de euro appeared first on Forbes Romania.