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2023 Supreme(HP) 3

SATYEN VAIDYA
Meena Ram – Appellant
Versus
Vinay Nanda – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V.S. Chauhan, Ajay Singh Kashyap.
For the Respondents: P.D. Nanda, B.M. Chauhan, Amit Himalvi.

JUDGMENT :

SATYEN VAIDYA, J.

1. FAO (WCA) No. 279 of 2012 was filed before this Court under Section 30 of Employees Compensation Act by the claimant against award dated 08.06.2012, passed by Commissioner under the Act ibid in Case No. 9-2/2011 of 2008.

2. The employer Sh. Vinay Nanda was impleaded as respondent No. 1 and insurer was impleaded as respondent No. 2.

3. This Court decided FAO (WCA) No. 279 of 2012, vide judgment dated 08.10.2021.

4. The employer Sh. Vinay Nanda (applicant herein) approached this Court by filing an application CMP No. 10231 of 2022 on 07.07.2022 with a prayer to recall the judgment passed by this Court in FAO (WCA) No. 279 of 2012, on the ground that he had no notice of the pendency of appeal before this Court as he was never served with any notice and hence was not able to put in appearance. Applicant, however withdrew CMP No. 10231 of 2022 on 23.09.2022.

5. On 23.09.2012, applicant filed another application CMP No. 14634 of 2022 under Order 9 Rule 13 of the Code of Civil Procedure (for short ‘the Code’) with a prayer to set aside ex-parte judgment dated 08.10.2021, passed by this Court in FAO (WCA) No. 279 of 2012. Another application CMP(M) No. 1376 of 202

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