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Jupiter International Ltd. and anr. Vs. the National Insurance Co. Ltd. and ors. - Court Judgment

SooperKanoon Citation

Court

Kolkata High Court

Decided On

Judge

Appellant

Jupiter International Ltd. and anr.

Respondent

The National Insurance Co. Ltd. and ors.

Excerpt:


.....abeyance for the time being and gave liberty to the authorities referring to apply before the regulatory authority for the matter to the second investigator in terms of the reference as indicated therein. after permission was obtained, the investigator was directed to conclude the entire investigation within a period of three weeks. learned counsel for the writ petitioner sought to distinguish the judgement and order dated march 11, 2014 on facts. i am afraid that, in the same set of facts and circumstances relating to wp no.357 of 2012, i am not in a position to take a view different than that expressed in the judgement and order dated march 11, 2014. the present writ petition is, therefore, disposed of by passing the same directions as that of wp no.357 of 2012. wp no.354 of 2012 is disposed of with the aforesaid observations. there will be no order as to costs. (debangsu basak, j.) dg2

Judgment:


ORDER

SHEET WP354of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JUPITER INTERNATIONAL LTD.& ANR.

Versus THE NATIONAL INSURANCE Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 30th October, 2014.

Mr.Anirban Ray, Adv.Mr.Jayanta Sengupta, Adv.Mr.R.Singh, Adv.Mr.Samim Ahamad, Adv.The Court:-The writ petitioner seeks relief with regard to an insurance policy.

The writ petitioner had filed WP No.357 of 2012 in respect of another insurance policy relating to the same incident.

Such writ petition was disposed of by a judgement and order dated March 11, 2014.

An appeal from such judgement and order was preferred by the writ petitioner.

By a judgement and order dated September 24, 2014, the Appeal Court admitted the appeal.

The parties were directed to maintain the status quo as to the date of the order of the Appeal Court.

By the judgement and order dated March 11, 2014, the Court directed the authorities to keep the letter of appointment in abeyance for the time being and gave liberty to the authorities referring to apply before the Regulatory Authority for the matter to the second investigator in terms of the reference as indicated therein.

After permission was obtained, the investigator was directed to conclude the entire investigation within a period of three weeks.

Learned Counsel for the writ petitioner sought to distinguish the judgement and order dated March 11, 2014 on facts.

I am afraid that, in the same set of facts and circumstances relating to WP No.357 of 2012, I am not in a position to take a view different than that expressed in the judgement and order dated March 11, 2014.

The present writ petition is, therefore, disposed of by passing the same directions as that of WP No.357 of 2012.

WP No.354 of 2012 is disposed of with the aforesaid observations.

There will be no order as to costs.

(DEBANGSU BASAK, J.) dg2


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