Zaishu Xie & Anr v. Oriental Insurance Company Ltd. & Ors

SURESH KAIT, J. (Oral)

¶1Ld. Counsel appearing on behalf of the petitioners submits that they filed an application under Section 151 CPC for the modification of the order dated 07.01.2012 before the ld. Tribunal, however, till date the same has not been decided.

¶2Further submits, the petitioners, i.e., parents of the deceased are more than 75 years of age. They are Chinese nationals and staying in China.

¶3After hearing Ld. counsels for the parties and keeping in view the facts and circumstances of the case, I direct the ld. Tribunal to hear both the CM(M) 1278/2012

parties on aforesaid application and decide the same expeditiously; not later than 2 months from today.

¶4Respondent / insurance company shall be at liberty to file reply, if any, to the aforesaid application within two weeks from today. If the respondent / insurance company fails to file reply, ld. Tribunal shall decide the application in absence of their reply.

¶5Instant petition stands disposed of on the above terms.

¶6TCR along with a copy of this order be sent back to the concerned Tribunal by Special Messenger.

¶7Parties are directed to appear before the concerned Tribunal on

07.08.2013 for direction.

¶8Dasti under the signature of Court Master.

SURESH KAIT, J JULY 26, 2013 Jg/RS

CM(M) 1278/2012 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 26th July, 2013 + CM(M) 1278/2012 ZAISHU XIE & ANR ..... Petitioners Through: Mr. Arvind Chaudhary and Mr. Neeraj Sood, Advs. versus ORIENTAL INSURANCE COMPANY LTD. & ORS. ..... Respondents Through: Mr. Pradeep Gaur and Mr. Amit Gaur, Advs. CORAM: HON'BLE MR. JUSTICE SURESH KAIT