Calcutta High Court (Appellete Side)
Mini Bus Operators' Coordination ... vs The Union Of India & Ors on 2 August, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
02.08.11 In The High Court At Calcutta
ss Constitutional Writ Jurisdiction
Appellate Side
W.P. No. 12618 (W) of 2011
Mini Bus Operators' Coordination Committee & Ors.
v.
The Union of India & Ors.
Mr Malay Kumar Basu, senior advocate,
Mr D.P. Dutta
Mr Souvik Sen
Mr Sumanta Ganguly ...for the petitioners.
Questioning a notification dated April 15, 2011 issued by IRDA this art.226
petition has been filed.
From an order of the Single Bench refusing interim relief the petitioners
concerned appealed to the Division Bench that has passed an interim order dated
July 20, 2011.
The order dated July 20, 2011 passed in AST No. 492 of 2011 is quoted
below:
"Despite service of notice of application upon number of Insurance Companies,
they have chosen not to appear.
We are of the view that these Insurance Companies are necessary parties and
their presence is required for effective adjudication of the matter. Therefore, M/s.
National Insurance Company Limited, having its office at 3, Middleton Street, Kolkata-
700071, M/s. New India Assurance Company Limited, having its office at 87 M.G Road,
Fort, Mumbai-400001, M/s. Oriental Insurance Company Limited, having its office at
A/25/27, Asaf Ali Road, New Delhi-110002, M/s. United India Insurance Company
Limited, having its office at 24 Whites Road, Chennai-600014 and M/s. Bajaj Allianz
General Insurance Company Limited, having its office at G-E Plaza, 1st Floor, Airport
Road, Yerawada Pune-411006 are added as party respondents. Let their names be
incorporated in the cause title of the Memorandum of Appeal as well as the connected papers. In the meantime, Mr. Bose's clients shall deposit the balance of the insurance premium with his advocate on record and he will keep it separately until further order of this court.
Hearing of the appeal is expedited. Let paper book enclosing all the papers used before the learned trial Judge be prepared and filed within a period of three weeks from date. Let requisites be put in for service of notice of appeal upon the added respondents. Mr. Abhijit Gangopadhyay, learned counsel appearing for the respondent no.2 waives service of notice of appeal.
Liberty to mention for early hearing.
Interim order with the aforesaid direction will continue till one week after Puja vacation or until further order of this court whichever is earlier.
The application is, thus, disposed of.
The aforesaid deposit will be kept in a separate account without charge and lien. If such deposit is made, the Insurance Company will issue necessary certificate on payment of premium at the old rate.
Liberty to apply to the added respondents for variation, vacation and/or modification of this interim order upon notice to the appellants.
Xerox plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to learned Counsel for the parties upon making application for obtaining Xerox certified copy of this order. In the event, Xerox certified copy is not taken delivery of, in spite of being notified; the effect of the Xerox plain copy will stand extinguished."
Mr Basu appearing for the petitioners and submitting that affidavit of service has been filed stating that notice has been received by the respondents, has prayed for the same interim order that the Division Bench has passed on July 20, 2011.
None appears for the respondents. It is evident that the interim order dated July 20, 2011 passed by the Division Bench of this Court is in force. In my opinion, I should pass the same interim order that the Division Bench has passed.
For these reasons, I admit the petition and pass the same interim order that the Division Bench has passed on July 20, 2011 in AST No. 492 of 2011.
The respondents shall file opposition within five weeks; reply, if any, shall be filed by a week thereafter.
This order shall be communicated to the respondents within a week and affidavit of service showing compliance shall be filed at the time of final hearing.
Liberty to mention the matter for final hearing. Certified xerox.
(Jayanta Kumar Biswas, J.)