Court No. - 7
Case :- WRIT - C No. - 42895 of 2018 Petitioner :- The New India Assurance Company Ltd. Respondent :- Permanent Lok Adalat And 2 Others Counsel for Petitioner :- Sudhanshu Behari Lal Gour Counsel for Respondent :- Ashish Agrawal
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sudhanshu Behari Lal Gour, learned counsel for the petitioner and Sri Uttam Singh, Advocate, holding brief of Sri Ashish Agrawal, learned counsel for the respondent no. 3.
2. Learned counsel for the petitioner submits that the claim had been repudiated by the insurance company on the basis of the report of the independent surveyor. The Permanent Lok Adalat has grossly erred in overlooking that report and making its award on the basis of the report of the fire brigade officials who were not experts and whose report could not have been relied upon for the purposes of making the award. Also, other arguments had been advanced to challenge the findings of the Permanent Lok Adalat regarding payment of VAT dues of the claimant.
3. Matter requires consideration.
4. Issue notice to respondent no. 2 fixing an early date. The said respondent may file counter affidavit on or before the date indicated in the notice.
5. In the meanwhile, subject to the petitioner depositing the entire amount awarded with the Permanent Lok Adalat, within a period of one month from today, the operation and effect of the impugned award dated 16.07.2018 shall remain stayed.
6. The amount so deposited, may be retained in an interest bearing term deposit with a Nationalized Bank by the court below, which shall abide by the final orders in this writ petition.
Order Date :- 20.12.2018 Prakhar