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Patna High CourtCWJC/455/2020disposed

Dr. Nita Jha, v. The State Of Bihar

2022-09-06The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.455 of 2020 ====================================================== Dr. Nita Jha, W/o Late Dr. Manoranjan Jha, proprietor of R.M. Hospital and Research Center, Alkapuri, P.O. and P.S.- Gardanibagh, Patna - 1, Resident of Flat No. 203, Aranya Balbhardra Apartment, P.S.- Budha Colony, Patna800001. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Health New Secretariat, Patna- 1.

2.

Executive Director, State Health Society Bihar, Sheikhpura Patna- 1. 3.

Chairman, Rastriya Swastha Bima Yojna, State Health Society Bihar, Sheikhpura Patna- 1.

4.

United India Insurance Co. Ltd., 3rd Floor, Chankaya Tower, Birchand Patel Marg, Patna- 800001.

5.

MD India Health Care Service (TPA) Pvt Limited, S.No. 46/1, E-Space AWing iii Floor Pune Nagar Road, Vadogaosheri- Pune - 411014. 6.

CholaMandalamMS General Insurance, Dara House, 2nd Floor, No. 234 Road Bose NSC, Bose Rod, Chennai 600001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijoy Nandan Sahay, Adv For the Respondent/s :

Mr.Binod Kumar Yadav (SC18) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.455 of 2020 dt.06-09-2022 2/3 After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be permitted to take recourse to such equally, efficacious alternative remedies as are available in accordance with law. Permission granted.

We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate

Patna High Court CWJC No.455 of 2020 dt.06-09-2022 3/3 proceedings.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA