Sanghamitra Sahoo & Ors vs The Divisional Manager
2023 Latest Caselaw 12814 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.P.(C) No.16241 of 2019

Sanghamitra Sahoo & Ors.            .....                                Petitioners
                                                       Mr. P.K. Mishra, Advocate
                                    Vs.
The Divisional Manager,             .....                           Opposite Parties
National Insurance Company
Ltd. & Anr.
                                                 Ms. S. Das, Advocate (O.P.No.1)
                                                   Mr.S.S. Mohapatra, Advocate
                                                                      (O.P.No.2)

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                           ORDER

16.10.2023 Order No. This matter is taken up through hybrid mode.

04.

2. Learned Counsel for the parties are present.

3. Mr. Mishra, learned Counsel for the Petitioners submits, though the cause list indicates that the Counter Affidavit has been filed by the Opposite Party No.2, but he is yet to receive the copy of the same.

4. Learned Counsel for the Opposite Party No.2 hands up a copy of the Counter Affidavit to Mr. Mishra.

5. To substantiate the stand taken in the Writ Petition, Mr. Mishra relies on the judgment of Bombay High Court reported in 2017 (1) T.A.C. 400 (Bom.) in New India Assurance Co. Ltd. v. Hussain Babulal Shaikh and others.

6. Ms. S. Das, learned Counsel for the Opposite Party No.1 prays for a short adjournment to take instruction and file Counter, if so required.

7. Matter be listed in the week commencing from 6th November, 2023.

(S.K.MISHRA) JUDGE

Banita

Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK