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1959 Supreme(Cal) 108

MALLICK
SCOTTISH UNION AND NATIONAL INSURANCE CO. – Appellant
Versus
SARASWATI SAJNANI – Respondent


Advocates Appeared:
A.C.BHABRA, B.LAHARI, TIBREVAL

MALLICK, J.

( 1 ) THIS is an application for judgment upon award. The award was made on 7-7-1958, and the Insurance Company was directed to pay to the claimants the sum of Rs. 1 Lac being the amount of the claim and Rs. 10,000/- on account of costs. The claim was very much contested in the arbitration proceedings and was argued by very eminent counsel. The costs incurred by the parties in consequence were heavy. The company made an application for setting aside the award. The application was heard by me. After a very spirited fight the company lost the application and by my judgment dated 22-12-1958, I dismissed the application. The judgment on Award matter was on the list and I would have passed judgment on the award hut for the objection taken by the company that the claimant had not yet obtained Succession Certificate. The matter was thereupon adjourned to enable the claimants to obtain Succession Certificate. Such a Succession Certificate has now been obtained and filed in Court and the matter has now come for final disposal.

( 2 ) MR. Bhabra appearing for the company has submitted that no judgment should be passed now in view of the fact that my judgment refusing to set asid









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