High Court of Gujarat

ICICI LOMBARD GENERAL INSURANCE CO.versusLEGAL HEIRS OF DECEASED NARENDRASINH PRABHATSINH CHAUHAN @ BARIA

Disposal: 28-REJECTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The court held that recall is not permissible as the cross‑objection was untimely and is an independent appeal; the applicant must pursue the regular appeal.

Summary

ICICI Lombard General Insurance Co. filed a recall application seeking to set aside the order dated 22.01.2026. The applicant argued that the cross‑objection filed by the respondents should be considered. The court observed that the cross‑objection was not filed within the prescribed time and, in any event, constituted an independent appeal rather than a ground for recall. Since the respondents have a proper remedy of filing an appeal, the court found no basis to entertain a recall. Consequently, the recall application was dismissed.

Issues considered

Whether a cross‑objection filed out of time can be a ground for recalling an order
Whether a cross‑objection amounts to an independent appeal, thereby precluding recall
Whether the applicant has any other remedy besides recall

Subjects

recall of ordercross‑objectionindependent appealcivil procedureprocedural lawhigh court

Judgment

       C/MCA/542/2026                                               ORDER DATED: 24/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 542 of 2026

                           In R/FIRST APPEAL/1276/2025

==================================================
              ICICI LOMBARD GENERAL INSURANCE CO.
                              Versus
       LEGAL HEIRS OF DECEASED NARENDRASINH PRABHATSINH
                      CHAUHAN @ BARIA & ORS.
==================================================
Appearance:
MR DHAIRYAWAN D BHATT(11817) for the Applicant(s) No. 1
NISHIT A BHALODI(9597) for the Opponent(s) No. 1.1,1.2,1.3,1.4,1.5
==================================================

  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                     Date : 24/03/2026
                                      ORAL ORDER

        No case is made out for recall in view of the cross-
objection not having been <led in time. It is needless to state
that the cross-objection is in the nature of an independent
appeal in the right of the respondent - herein applicant has the
remedy to <le an appeal, which is already available. Hence, no
case is made out to recall the impugned order dated 22.01.2026.
This application is rejected.



                                                            (HASMUKH D. SUTHAR, J.)
DHARMENDRA KUMAR


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 24/03/2026 14:29:58




                                             Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "recall of order"Sign in to search