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Orissa High Court

The D.M. (T.P. Cell) New India vs Nirash Hembram & Others on 14 November, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MACA No. 590 of 2024

     The D.M. (T.P. cell) New India ...             Appellant
     Assurance Co. Ltd., Cuttack
                                   Mr. P.K. Mahali, Advocate

                         -versus-
     Nirash Hembram & Others      ...                  Respondents
                                    Mr. P.K. Sahoo, Advocate (R-4)

                                CORAM:
                         JUSTICE G. SATAPATHY

                               ORDER(ORAL)

14.11.2024 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Mr. Prasanta Kumar Mahali, learned counsel for the appellant-insurer by placing the decision in Rajkumar Agrawal vs. Vehicle Tata Venture & Others in Civil Appeal No.4941 of 2022 decided on 19.01.2023 submits that similar matter has been referred to the larger Bench by the Apex Court and therefore, the present matter may kindly be heard after decision in the aforesaid case.

3. On the other hand, Mr. Prasanta Kumar Sahoo, learned counsel for respondent No.4 seeks for a direction for supply of the copy of brief. Accordingly, Mr. P.K. Mahali, learned counsel for the appellant is directed to supply a copy of the brief to Mr. Sahoo by the next date.

Page 1 of 2

4. None appears for respondent Nos. 1 to 3. Further, the hearing in the matter is to be done U/O-XLI. Rule-11 of CPC.

5. List this matter on 11th February, 2025.

(G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Page 2 of 2 Date: 14-Nov-2024 19:13:56