Vivek Ramchandran And Another v. Insurance Regulatory And Development Authority Of India And 3 Others

WPL. 1656-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 1656 OF 2016 Vivek Ramchandran & Anr.

...

Petitioners Vs.

IRDA & Ors.

...

Respondents *** Mr. J. P. Sen, Sr. Counsel a/w Naman Sharma, Chitra Rao, for the Petitioners.

Mr. Sachin Daga, for the Respondent No. 2.

*** CORAM : V. M. KANADE, & M. S. SONAK, JJ.

DATE : JULY 1, 2016 PC.

1.

This Court by an order dated 29th April, 2016, passed in Writ Petition No. 727 of 2016, had made following observation in the petition, which was filed by the Petitioners: "The petition is dismissed as withdrawn with liberty to file appropriate proceeding in the appropriate Court having jurisdiction in the matter, in case of necessity.

2.

Learned counsel for respondent nos.3 and 5 have 1 / 2

WPL. 1656-16 appeared upon advance notice being served upon them by the petitioners. They are entitled to the award of costs incurred by them. However, since they have not insisted upon such order, we refrain from making such order."

2.

This second petition is filed seeking more or less identical reliefs, which were claimed in the earlier petition. In our view, when the first petition was withdrawn with liberty to approach an appropriate Court, this petition is not be maintainable in this Court. Writ petition is therefore disposed of with a liberty, granted to the Petitioners, to file an appropriate proceeding in an appropriate Court having jurisdiction in the matter.

3.

If the claim is not disbursed to the father-in-law of the Petitioners, it may not be disbursed for a period of four weeks, in order to enable them to approach an appropriate Court. Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2