Upholds Ex Parte Composite Award - No Sufficient Cause: P&H HC

In a recent judgment, the Punjab and Haryana High Court, presided over by HON’BLE MR. JUSTICE KARAMJIT SINGH, upheld an ex parte composite award, highlighting the absence of sufficient cause for setting it aside. The decision came in response to appeals filed by Tasvir Sharma, who sought to challenge the award under Order 9 Rule 13 of the Code of Civil Procedure.

The case revolved around a motor vehicle accident that occurred on February 24, 2006, resulting in injuries to Krishan Kumar and Parven. They filed separate claims against Sunil (the driver), Tasvir Sharma (the owner), and the insurer of the offending vehicle. Both Tasvir Sharma (owner) and Sunil (driver) were proceeded against ex parte in the claim petitions.

Tasvir Sharma later filed applications under Order 9 Rule 13 CPC, contending that he was never served with the summons and that his proper address was not provided in the claim petitions. He claimed to have learned of the ex parte award only on July 10, 2009, when the court’s process server served warrants of attachment related to his truck.

However, the Court, after considering the submissions from both sides, found no merit in the appeals. The judgment emphasized the requirements of Order 9 Rule 13 CPC, which allows interference by the court to set aside an ex parte award or decree only under specific conditions. In this case, the appellant failed to establish that summons were not duly served upon him or that there was a sufficient cause preventing his appearance when the suit was called for hearing.

The Court observed, “There is no patent illegality or error in the impugned order passed by the Tribunal.” It concluded that there was no reason to disagree with the findings of the Tribunal and, consequently, dismissed both appeals as devoid of merits.

 Date of Decision: November 21, 2023

Tasvir Sharma VS Krishan Kumar and others