Nitin Tripathi v. The Chief Manager And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC NO.209 of 2014 Nitin Tripathi S/o Shri Vimal Tripathi, aged about 39 years, Proprietor of City Courier Service, Bilaspur, Resident of Vinoba Nagar, Talapara Road, Near Sai Mandir, P.S. Civil Line, District Bilaspur (CG) ----Petitioner

Versus

1. The Chief Manager, Life Insurance Company of India, Dr.Shiv Dulare Complex, Main Road, Vyapar Vihar Road, Bilaspur (CG)

2. Divisional Manager, Department of Division Office, Main Road, Vyapar Vihar Road, Bilaspur (CG)

3. Regional Manager, Central Zonal Office, 60-B, Hoshangabad Road Bhopal (M.P.) 462011 ---- Respondents ----------------------------------------------------------------------------------------------------- For Petitioner :

Mr.Sunil Tripathi, Advocate For Respondents :

Mr.H.B.Agrawal, Senior Advocate with Mr.V.Vijay Rao, Advocate ----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/07/2018 1.

Learned counsel for the petitioner would submit that the order of recovery has been passed without being heard to the petitioner.

2.

Learned Senior Counsel appearing for the respondents would submit that the impugned order be quashed and opportunity be granted to the respondents to hold fresh enquiry after giving an opportunity to the petitioner.

3.

Accepting the statement made by learned Senior Counsel for the respondents, order/notice (Annexure P/1) is quashed. However, the respondents are at liberty to afford an opportunity of hearing to

the petitioner and to pass a fresh order strictly in accordance with law.

4.

The writ petition is allowed to the extent indicated hereinabove. No cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-