M/S Prakirti Rice Mill v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17207 of 2016 ====================================================== M/s Prakirti Rice Mill Son of Nawal Prasad Singh resident of Village Alipur, P.S. Bind, District - Nalanda.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The State Food and Civil Supply Contract Ltd. through its Managing Director Development of Civil Sup 3.
Branch Manager Central Bihar Gramin Bank Amawan Nalanda. 4.
Reserve Bank of India, Director Non Banking Sector Finance Sector Regional Office, Bihar, Patna.
5.
Bajaj Allainz through its Chairman G. Plaza Airport Road Verwada Rine 411006.
6.
Regional Manager, Bajaj Allianz General Insurance Company Ltd. Patna, Bihar. N.A. 17 Irrigation Dep ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
For the Respondent/s :
Mr.Sanjay Kr. Giri- Gp9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-04-2019 No one appears on behalf of the petitioner to press this writ application.
Learned counsel for the State as well as learned counsel for the Bihar State Food and Civil Supplies Corporation are present.
It appears that the petitioner is aggrieved by the decision dated 25th September, 2014 as contained in Annexure-4 to the writ application whereby the Insurance company has repudiated the claim of the petitioner on the ground that there
Patna High Court CWJC No.17207 of 2016(2) dt.23-04-2019 2/2 was no storm and rainfall on 02.01.2014 and that the petitioner did not provide any properly maintained stock register. One of the grounds is that there has been a delay in intimation of claim. This court is of the considered opinion that the petitioner, if so aggrieved by Annexure-4 to the writ application, may seek his remedy before appropriate forum. This court sitting under Article 226 of the Constitution of India will not go into the disputed question of facts which would require taking of evidences on behalf of the parties.
In case, the petitioner applies for appropriate remedy and a question of limitation arises the same will be considered keeping in mind that the petitioner was pursuing his remedy before this court.
This writ application is disposed of with the liberty aforesaid.
(Rajeev Ranjan Prasad, J) Rajeev/- U