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Judgment
Arindam Sinha, J
Mr. Rao, learned advocate, appears on behalf of oil company and submits, his client has filed additional affidavit disclosing and relying on clause 12 of the Distributorship Agreement dated 22nd January, 2013 requiring the distributor to segregate defective or leaking cylinders and stored separately with clear labeling. All such cylinders are to be sent back to the plant immediately as per corporation guidelines. This had not happened. He submits further, disclosure in his client’s counter is, inter alia, letter dated 31st July, 2017, issued by his client to the insurer, enclosing insurance claim on the accident, made by petitioner. He points out, the claim was forwarded to his client by petitioner more than three years after the accident.
Mr. A. Pradhan, learned advocate appears on behalf of the distributor and submits, the cylinder in question was neither defective nor leaking. He prays for leave to use objection affidavit against the additional affidavit filed. Leave is granted.
Mr. Tripathy, learned advocate appearing on behalf of petitioner submits, his client is seeking the insurance pay out on accident cover, taken by the oil company from the insurer.
The insurer is not a party. United India Insurance Company Limited, Divisional Office no.17, 226 Canada Building 1st Floor, Dr. D.N.Road, Fort, Mumbai-400001 is added as opposite party no.4. Petitioner is given liberty to cause amendment in the cause the title, to be counter signed by Court Master.
Issue notice along with copy of this order on added opposite party. Petitioner will put in requisites.
List on 4th April, 2022.
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