Calcutta High Court (Appellete Side)
Wpil Limited vs Tata Aig General Insurance Company ... on 12 September, 2025
12-09-2025
Item No.17
IN THE HIGH COURT AT CALCUTTA
Subrata Constitutional Writ Jurisdiction
Bhattacharyya Appellate Side
AR(C)
WPA No.19362 of 2025
WPIL Limited
-vs-
Tata AIG General Insurance Company Limited
Mr. K. Thakkar
Mr. Asit Kumar De ...for the petitioner
Mr. Rajesh Singh
Mr. Arka Maiti
Mr. Aniruddha Singh
Mr. Shibashis Nandy ...for the respondent
1. The order passed by the National Consumer Disputes Redressal Commission dated March 18, 2025 modified vide order dated June 9, 2025 in First Appeal No.NC/FA/203/2015 is impugned in the instant writ petition.
2. Learned counsel for the Insurance Company raises objection with regard to the entertainability of the writ petition.
3. Learned counsel for the petitioner prays for an interim order restraining the Insurance Company from withdrawing the amount deposited before the State Commission.
4. The respondent opposes the interim relief sought for. It has been submitted that the accident in question took place in the year 2011 and that the matter remained pending since thereafter. The National Commission passed order in its favour in March 2025 and permitted the Insurance Company to withdraw the amount deposited 2 before the State Commission along with accrued interest. The Insurance Company ought to be permitted to enjoy the fruit of the order passed by the National Commission.
5. The writ petition is required to be heard.
6. The State Commission is holding the money deposited by the petitioner for quite some time. If the same is permitted to be withdrawn by the respondent, then it will be another round of legal battle for the petitioner to recover the same in the event the writ petition goes in favour of the petitioner.
7. For ends of justice, the Court thinks it appropriate to permit the Insurance Company to withdraw only 50% of the amount deposited with the State Commission along with interest. The balance 50% lying with the State Commission shall abide by the result of the writ petition.
8. It will be open for the Insurance Company to file affidavit-in-opposition by November 7, 2025; reply thereto, if any, by November 21, 2025.
9. Liberty to mention the writ petition for final hearing.
10. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.
11. Certified copy of this order, if applied for, shall be made available to the parties.
[Amrita Sinha, J ] 3