Supreme Court - Daily Orders
E Meditek Insurance Tpa Ltd. vs National Insurance Company Ltd. on 1 May, 2018
Bench: Adarsh Kumar Goel, Indu Malhotra
1
ITEM NO.64 COURT NO.11 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 9624/2018
(Arising out of impugned final judgment and order dated 27-03-2018
in WP No. 4516/2018 passed by the High Court at Calcutta)
E MEDITEK INSURANCE TPA LTD. Petitioner(s)
VERSUS
NATIONAL INSURANCE COMPANY LTD. & ANR. Respondent(s)
(IA No.47275/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.47271/2018-PERMISSION TO FILE SLP WITHOUT
CERTIFIED/PLAIN COPY OF IMPUGNED ORDER )
Date : 01-05-2018 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MS. JUSTICE INDU MALHOTRA
On being asked by
Court: Mr. K.K. Venugopal, A.G.
For Petitioner(s) Mr. C.A. Sundaram, Sr. Adv.
Mr. Bharat Sangal, AOR
Mr. Sanaya Dadachanji, Adv.
Ms. Vidushi Garg, Adv.
Ms. Anindita D., Adv.
Ms. Isha Gupta, Adv.
Mr. Amit Basnal, Adv.
Ms. Babita K., Adv.
For Respondent(s) Mr. Tushar Mehta, ASG.
Mr. P. S. Sudheer, AOR
Mr. Rishi Maheshwari, Adv.
Mr. Bharat Sood, Adv.
Ms. Shruti Jose, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Signature Not Verified In this petition, the petitioner has inter alia stated as Digitally signed by SWETA DHYANI Date: 2018.05.02 follows:-
12:42:58 IST Reason:
“The Petitioner is approaching this Hon’ble Court in peculiar circumstances as the Hon’ble Calcutta High Court is facing an unprecedented ceasework by 2 lawyers from 19th February 2018.”
2. It is pointed out by Sh. C.A. Sundaram, learned senior counsel that the unprecedented cease work by lawyers was violation of law laid down by this Court in “Ex-Capt. Harish Uppal V. Union of India”, (2003) 2 SCC 45 and was resulting in obstruction of justice which calls for an action by this Court. Our attention has also been drawn to recent judgment dated 28.03.2018 in “Krishnakant Tamrakar V. State of M.P.”, (2018) SCC Online SC 304 adverting to the issue of uncalled strikes.
3. We requested learned Attorney General to assist the Court on the said issue. Accordingly, learned Attorney General suggested that notice ought to be issued to those who sponsored strike to consider further action.
4. In view of the suggestion during the course of hearing, we consider it appropriate to issue notice to Uttam Majumdar, President and Amal Kumar Mukhopadhyay, Secretary of the Bar Association, High Court, Calcutta, who gave the call for strike, as to why appropriate action should not be taken for their having acted in violation of law laid down by this Court. They are directed to remain present in person on 9th July, 2018. To consider this aspect matter be treated as pending and listed before an appropriate Bench, as per order of Hon’ble the CJI.
5. We may record the fact that while passing the above order, we are conscious that the strike has now been called off. This subsequent development does not exonerate the said persons 3 from the liability for their action of sponsoring strike and obstructing access to justice in view of law laid down by this Court.
6. As regards the merits of the case, we now permit the petitioner to move the High Court. The interim order will continue till 15th May, 2018. It will be open to either side to mention the matter before the High Court for being taken up and request the High Court to take up the matter atleast with regard to the interim order to be passed at the earliest. The High Court may deal with the matter without being influenced by the fact that interim order was passed by this Court.
7. The matter on merits will be treated to have been disposed of but with regard to the notice issued to the President and Secretary of the Bar Association, High Court, Calcutta, the matter will be treated to be pending, as already observed in the earlier part of this order.
List on Monday, the 9th July, 2018.
(SWETA DHYANI) (PARVEEN KUMARI PASRICHA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER