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2017 Supreme(Raj) 151
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Kamal Kishore - Appellant
Versus
Babu Lal Choudhary & Ors. - Respondents
Civil Miscellaneous Appeal No. 4253 of 2007
Decided On : 14-02-2017
For the Appellant : Mr. Sandeep Mathur
For the Respondents: Mr. R.P. Vijay
The court has the authority to interfere with an impugned award if it finds that the Tribunal did not thoroughly consider the facts of the case, and can remand the matter for a fresh decision.
Headnote:
Appeal - Impugned Judgment and Award - Court finds impugned award needs interference, partly allows appeal, quashes and sets aside impugned judgment and award, and remands matter to Tribunal for fresh decision
Fact of the Case:
The appeal is filed against the impugned judgment and award passed by the MACT. The appellants argue that the Tribunal did not consider their objections and the finding on certain issues is contrary to the available material.
Finding of the Court:
The court finds that the impugned award needs interference as the Tribunal did not thoroughly consider the facts of the case. The appeal is partly allowed, and the impugned judgment and award are quashed and set aside. The matter is remanded to the Tribunal for a fresh decision on the specified issues.
Issues: The issues revolve around the Tribunal's consideration of objections raised by the appellants and the finding on specific issues, which the appellants argue is contrary to the available material.
Ratio Decidendi: The court's decision is influenced by the failure of the Tribunal to thoroughly consider the facts of the case and the need for a fresh decision on the specified issues based on the grounds raised by the appellants.
Final Decision: The appeal is partly allowed, and the impugned judgment and award are quashed and set aside. The matter is remanded to the Tribunal for a fresh decision on the specified issues.
Heard learned counsel for the parties and after hearing both the parties, the appeal is being disposed of at this stage.
2. Brief facts of the case are that this appeal has been filed against the impugned judgment and award passed by the MACT.
3. At the very outset, learned counsel for the appellants submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of aforesaid appeal. The finding of learned Tribunal on issue no. 3 and 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 3 and 4 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of grounds which he has raised by way of aforesaid appeal.
4. On the other hand, the learned counsel for the respondents though opposed the same but requested that the learned Tribunal may be directed to hear him/them at the time of deciding the matter afresh on the aforesaid issues, and he may be permitted to raise all the objections to the grounds as have been raised in this appeal.
5. I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.
In my considered view, the learned Tribunal while passing
6. the impugned award has not gone through the facts of the case and passed the impugned award surreptitiously. Thus, the impugned award passed by the learned Tribunal needs interference by this court.
7. In the result, the appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua on aforesaid issue is quashed and set aside and the matter is remanded to the Tribunal with the direction to decide the matter afresh as early as possible, qua the aforesaid issue/s in the light of grounds raised by the learned counsel for the appellant/s in the aforesaid appeal and the judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.
8. Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 05/07/2017.
9. Record, if any, be sent back.
