Krishna Prasad v. The Chairman Cum Managing Director, Life Insurance Corporation Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.852 of 2019 ====================================================== Krishna Prasad S/o Harihar Prasad, Resident of Mohalla- Company Sarai, Kali Asthan, Near Aarti Sadan, P.S.- Town, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The Chairman Cum Managing Director, Life Insurance Corporation Of India and Ors 1st Floor,Yogakeshama Control Office, Jeevan Bima Marg, Nariman Point, Mumbai 2.

The Divisional Manager, Life Insurance Corporation of India, Divisional Office-1, Jeevan Prakash, Mazaharul Haque Path, Patna- 800001 3.

The Manager (E and OS), E and OS Department, Patna Divisional Office-1, Jeevan Prakash, Mazaharul Haque Path, Patna- 800001 4.

The Branch Manager, Life Insurance Corporation of India, Branch Office Rafiganj, District- Aurangabad 5.

The Branch Manager, Life Insurance Corporation of India, Branch Office Nabinagar, District- Aurangabad 6.

The Branch Manager, Life Insurance Corporation of India, Branch Office Daudnagar, District- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar,Advocate For the Respondent/s :

Mr.R.D. Sah, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-10-2022 Petitioner has prayed for following relief(s) : - "That through this writ application petitioner craves indulgence of this Hon'ble Court for issuance of appropriate writ commanding the respondents to make payment of the petitioner for Providing soundless DG set as per terms and conditions of the notice inviting tender as well as conditions stipulated in the work order issued in favour to the petitioner to install the Soundless DG set in L.I.C. Branch Offices at Nabinagar and Rafiganj as not a single farthing have been paid

Patna High Court CWJC No.852 of 2019 dt.10-10-2022 2/3 towards providing service since its installation dated 12-06-2017 and 15-06-2017 besides that respondents be also restrained not to compel the petitioner to execute an agreement contrary to the terms and conditions of the notice inviting tender as well as terms and conditions of the work order and further direction to the respondents to make payment of compensation for the loss caused to the petitioner for not facilitating him to install his soundless DG set in Branch Office at Daudnagar despite a huge amount has been invested by the petitioner by taking loan for purchasing the DG Set and paying interest over the loan amount."

After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies as are otherwise permissible and admissible in accordance with law as also represent respondent No.2, namely, the Divisional Manager, Life Insurance Corporation of India, Divisional Office-1, "Jeevan Prakash, Mazaharul Haque Path, Patna -800001, venting out the grievances, subject-matter of the present petition.

Prayer allowed. Liberty, as prayed for, is granted. Without expressing any opinion on merits, leaving all questions of fact and law open, the present petition is disposed of as withdrawn with the liberty aforesaid.

We expect that respondent No.2 shall consider and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of its

Patna High Court CWJC No.852 of 2019 dt.10-10-2022 3/3 presentation.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) Ashwini/chn AFR/NAFR CAV DATE Uploading Date 12.10.2022 Transmission Date