FA/747/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 747 of 2008 To FIRST APPEAL No. 748 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = NATIONAL INSURANCE CO. LTD. Versus PARULKUMAR RAMESHCHANDRA SHAH AND OTHERS ========================================= =Appearance : MS MEGHA JANI for the Appellant MR MTM HAKIM for Defendant(s) : 1 - 2. None for Defendant(s) : 3 - 5, 7, 7.2.1, 7.2.2,7.2.3 NOTICE SERVED for Defendant(s) : 6, MS HINA DESAI for Defendant(s) : 8, ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 01/09/2008 ORAL JUDGMENT FA/747/2008 2/2 JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard the learned counsel for the parties. These are the appeals by the Insurance Company against the quantum. This is the case where the Insurance company prayed to the Hon'ble Tribunal for passing order under Section 170 for granting permission to the Insurance Company. Though the Tribunal has recorded that the application was moved, but application was not granted, it is settled law that if the relief is sought for and is not granted, it tantamounts that the relief is refused. The Tribunal having not granted any relief and the Insurance Company having not taken any step for taking grant, it is not open to the Insurance company to approach before us by way of appeal unless there is permission under Section 170 of the Act obtained on behalf of the Insurance company. It is noteworthy that the stage at which the application was preferred was when the trial was almost over. In that view of the matter, the appeals are incompetent and are dismissed. Record and proceedings be sent back forthwith. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) omkar