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Patna High CourtCWJC/13330/2015dismissed

Sudhanshu Kumar v. The Senior Divisional Manager, National Insurance Company Ltd. And ORS

2018-09-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13330 of 2015 =========================================================== Sudhanshu Kumar S/o Sri Amresh Kumar Singh, at Sarai Syed Ali Lane No. 1 near Imam Bara, P.O.- Muzaffarpur, P.S.- Kazi Mohammadpur, District Muzaffarpur .... .... Petitioner/s

Versus

1. The Senior Divisional Manager, National Insurance Company Ltd., Siliguri Divisional Office, Ganesh Ram Compound, Hillcart Road, Siliguri (West Bengal)

2. The Administrative Officer, National Insurance Company Ltd. Siliguri Divisional Office, Ganesh Ram Compound, Hillcart Road, Siliguri (West Bengal)

3. The Divisional Officer, National Insurance Company Ltd., Siliguri Divisional Office, Ganesh Ram Compound, Hillcart Road, Siliguri (West Bengal) .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For Respondent/s - Insurance Company : Mr. Ashok Priyadarshi, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-09-2018 Heard learned counsel for the parties.

2. The present writ petition has been filed directing the respondents to make clear the insurance admitted liability as the insured truck of the petitioner has been stolen for which Motipur P.S. case No. 216 of 2012 has been registered under Section 379 of the Indian Penal Code.

3. Learned counsel for the respondents- Insurance Company raises a preliminary objection to the effect that the entire cause of action has arisen in West Bengal and as such the present writ

Patna High Court CWJC No.13330 of 2015 dt.06-09-2018 2/2 petition is not maintainable before this Court.

4. Learned counsel for the petitioner has not shown otherwise. In the above view of the matter, the writ petition stands dismissed being not maintainable. The petitioner is always at liberty to agitate the matter before any Court of competent jurisdiction. (Vikash Jain, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date10-09-2018 Transmission Date N/A