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2020 Supreme(SC) 941

SANJAY KISHAN KAUL, DINESH MAHESHWARI, HRISHIKESH ROY
Oriental Insurance Co. Limited – Appellant
Versus
Zaixhu Xie – Respondent


Advocates appeared:
Ms. Aishwarya Bhati, Sr. Advocate, Mr. Mohan Babu Agarwal, Advocate, Ms. Akansha Agarwal, Advocate, Mr. Celeste Agarwal, Advocate, Mr. Rameshwar Prasad Goyal, Advocate, for the Appellant; Mr. Arvind Chaudhary, Advocate, Mr. Atishi Dipankar, Advocate, for the Respondent

ORDER

1. Delay condoned.

2. Leave granted.

3. We have heard learned counsel for the appellant and learned counsel for respondent Nos. 1 and 2 the petitioner claimants. We have also perused the report of the Registrar General placed before us in compliance of the order dated 16.11.2020.

4. On the basis of the report what emerges is that the file was received in the Chamber of the learned Judge on 11.07.2019 where after the matter was taken up on different dates but arguments were only heard on 30.07.2019 in part. It is stated that on 31.07.2019 at about 2.15 p.m. after hearing the further arguments the operative portion/conclusion of the decision was 'indicated' in the Court itself in the presence of the counsel for the parties. Thus, it appears that even the concluding paragraph was not penned down. The judgment is stated not to have been reserved.

5. The file was, however, sent back to the Registry after 9% months on 15.05.2020 and the judgment was uploaded on the same date.

6. The certified copy of the order was applied on 29.01.2020 (it is the say of the appellants that there was no pronouncement of any order on 31.07.2019). There was some lapse in preparation of the certified c

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