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Judgment
Arindam Sinha, J
Mr. Dutta, learned advocate appears on behalf of applicant and submits, prayer in the application (I.A. no.12 of 2020), arising out of OJC no.6216 of 2000, (Divisional Manager, New India Assurance Co. Ltd. v. Ramamani Devi and others), is for recall of order dated 24th March, 2015. He submits, on a Motor Accident Claim, the insurance company did not pay. Ultimately certificate proceeding was initiated for Rs.1,96,000/-. Mr. Mohanty, learned advocate appears on behalf of opposite parties (petitioners in the writ petition) and submits, Rs.1,55,000/- was paid and agreed to be accepted by applicant.
Text of order dated 24th March, 2015 is reproduced below:
"Prayer in the writ petition is to quash the Certificate Case No.204 of 1997 pending before the Special Certificate Officer, Puri, vide Anndure-5.
On instruction, Mr. G.P. Dutta, learned counsel for the petitioner submits that the award amount has already been disbursed to the claimants.
Mr. Ashok Mohanty, learned Senior Advocate appearing for the opposite parties 1 to 5 submits that he has no instruction.
In view of the same, initiation of certificate proceeding against the petitioner is bad in law and, accordingly, the same is quashed. Liberty is granted to the claimants to approach this Court, if the cause of action still survives.
The writ petition is disposed."
Above order is recalled for applicant and petitioner being given further opportunity of hearing.
Petitioner, in event wants to rely on payment and adjustment of certificate demand has to demonstrate that same has resulted in dropping of the certificate proceeding. Otherwise, this Court will not accept agreement contended of the beneficiary having been paid a lesser amount upon resistance and thereafter gross delay.
List on 6th December, 2021.
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