HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Civil Miscellaneous Appeal No. 3802 / 2007 Ramniwas ----Appellant Versus Yogendra Kumar & Ors ----Respondent _____________________________________________________

For Appellant(s) : Mr. Vishnu For Respondent(s) : Mr. Tej Prakash Sharma _____________________________________________________

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Judgment

30/01/2017 Heard learned counsel for the parties and after hearing both the parties, this appeal is being disposed of at this stage.

Brief facts of the case are that this appeal has been filed against the impugned judgment and award under appeal.

At the very outset, learned counsel for the appellant/s 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/s. 5 is contrary to the material available on record. Thus, the impugned award

5 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 objections which he has raised by way of aforesaid appeal.

On the other hand, the learned counsel for the respondent/s, 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 issue/s, and he may be permitted to raise all the objections, grounds as have been raised in this appeal.

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 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.

In the result, the appeal is partly allowed and the impugned judgment and award is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue No/s. 5 in the light of grounds raised by the learned counsel for the parties in the aforesaid appeal and also on the basis of judgments which both the counsel appearing for the respective parties want to place reliance before it, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 1.6.2017. Record, if any, be sent back.

(MAHESH CHANDRA SHARMA)J.