National Insurance Co. Ltd vs. Nithin
AI Summary
In a crucial procedural development for a Special Leave Petition concerning a likely insurance claim, the Supreme Court has ordered fresh notice to be served on one of the respondents through the trial court. This directive ensures that the unserved party, who had reportedly left without instructions, is properly informed, highlighting the judiciary's commitment to due process even in complex appeals.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Supreme Court was hearing Special Leave Petition (Civil) No. 11172/2025, filed by National Insurance Co. Ltd. against Nithin & Anr., challenging a High Court of Karnataka order dated 05-11-2024. During the hearing on May 9, 2025, it was brought to the Court's attention via an office report that Respondent No.1 (Nithin) had not been served because the 'addressee left without instructions'. Consequently, the Court directed that a fresh notice be issued to Respondent No.1 through the concerned Trial Court, setting the next returnable date for July 29, 2025.
Timeline of Events
Impugned MFA No. 8639/2018 filed in High Court of Karnataka.
Final judgment and order passed by High Court of Karnataka at Bengaluru in MFA No. 8639/2018.
Special Leave Petition (Civil) filing date in Supreme Court.
First hearing date in Supreme Court, IA for condonation of delay allowed.
Hearing in Supreme Court, where Respondent No.1 was reported unserved; fresh notice ordered.
Next hearing date for the case.
Key Factual Findings
Respondent No.1 (Nithin) remains unserved.
Source: Current Court Finding
The reason for non-service of Respondent No.1 is that the 'addressee left without instructions'.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Court's Reasoning
The Court noted from the office report that Respondent No.1 remained unserved because the addressee had left without instructions. To ensure proper service and adherence to procedural fairness, the Court decided that fresh notice should be issued to Respondent No.1, and this service should be facilitated through the concerned Trial Court.
- Emphasis on Natural Justice
- Strict Adherence to Procedure
Impugned Orders
Specific Directions
- 1.Fresh notice to be issued to Respondent No.1 through the concerned Trial Court.
- 2.The matter is returnable on 29.07.2025.
Precedential Assessment
Non-Binding (Procedural)
This order is procedural, dealing with the specific issue of notice service in one case. It does not establish new legal principles or interpret substantive law.
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Original Order Copy
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Order Text
ITEM NO.69
COURT NO.16
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 11172/2025
[Arising out of impugned final judgment and order dated 05-11-2024 in MFA No. 8639/2018 passed by the High Court of Karnataka at Bengalurul
NATIONAL INSURANCE CO. LTD.
Petitioner(s)
VERSUS
NITHIN & ANR.
Respondent $(s)$
(IA No. 88994/2025 - CONDONATION OF DELAY IN FILING)
Date: 09-05-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) : Mr. Amit Kumar Singh, AOR Ms. K Enatoli Sema, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following $0 R D E R$
As per office report respondent No.1 remain unserved for the 1. reason that "addressee left without instructions".
$2.$ Let fresh notice be issued to respondent No.1 through the concerned Trial Court, returnable on 29.07.2025.
Signature Not Verified Digital Signal MUKHI) 18:49: $\mathbf{A}$ $\mathbf{S}$ $\mathbf{T}$ $\mathbf{T}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$ $\mathbf{C}$
(ANU BHALLA) COURT MASTER (NSH)