F.A.O.NO. 5540 OF 2004, F.A.O.NO. 5541 OF 2004 and 1 F.A.O.NO. 5542 OF 2004 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 5540 OF 2004 Date of decision: 9th July, 2010 The New India Assurance Company Ltd. .......Appellant Versus Smt. Parwati and others ........Respondents F.A.O.NO. 5541 OF 2004 The New India Assurance Company Ltd. .......Appellant Versus Ibrahim and another ......Respondents F.A.O.NO. 5542 OF 2004 The New India Assurance Company Ltd. .......Appellant Versus Omwati and others .......Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. L.M.Suri, Sr. Advocate, with Mr. Neeraj Khanna, Advocate, for the appellants. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No F.A.O.NO. 5540 OF 2004, F.A.O.NO. 5541 OF 2004 and 2 F.A.O.NO. 5542 OF 2004 K.Kannan, J.(Oral) 1. All the appeals arise out of the same cause and filed by the Insurance Companies against the rejection of applications for reviewing the awards on a plea that claimants had manufactured a fabricated policy and cast the liability on the insurer. 2. The contention in the application for review was that there was no branch office at Safderjang Enclave, Delhi where the Policy was supposed to have been taken by the insured. Fraud on Court vitiates all proceedings and if a fraud is pleaded in any Court or Tribunal, it has the power to adjudicate on the same not merely when it is brought to its notice, even at the stage of the execution. This has been clearly laid down in several decisions of the Hon'ble Supreme Court and of this Court. The counsel for appellant refers to United India Insurance Co. Ltd. V. Rajendra Singh and others(2000) 2 PLR 787 which was a case relating to an award secured before the Tribunal and the power of review by the Tribunal when a fraud was brought to the notice of the Court. The Hon'ble Supreme Court held that no Court or Tribunal can be regarded as powerless to recall its own order if it is convinced that the order was wrangled through fraud or misrepresentation of such a dimension as would affect the very basis of the claim. 3. The dismissal of the applications for review are set aside. Review applications are allowed. The awards passed shall F.A.O.NO. 5540 OF 2004, F.A.O.NO. 5541 OF 2004 and 3 F.A.O.NO. 5542 OF 2004 not be examined after notice to the claimants and the Tribunal shall pass orders in accordance with law on the review applications. The impugned orders are set aside and the cases are remitted to the Tribunal for fresh consideration on the allegation made on behalf of the Insurance Company. 4. Post before the Tribunal, Faridabad on 23.08.2010. The Registry shall dispatch the file immediately in the Tribunal, Faridabad. [K.KANNAN] JUDGE 9th July, 2010 Shivani Kaushik