Shamsunder S/O Bulakhidasji Taori v. New India Assurance Company Ltd. Thr. Chairman And M.D. And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION W. NO.2092/2011 IN WRIT PETITION NO.2905/2009 Shamsunder s/o Bulakhidasji Taori ...Versus...

New India Assurance Company Ltd., through its Chairman and Managing Director, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G. Kulkarni, Advocate for petitioner Shri A.J. Pophaly, Advocate for respondent no.2 CORAM : SMT. VASANTI A NAIK AND KUM. INDIRA JAIN, JJ.

DATE : 14.09.2016 The civil application is filed in the year 2011 for directions. It is not in dispute that the petitioner is paid certain amount towards monthly pension. However, according to the petitioner, the petitioner is entitled to a larger amount towards monthly pension, which the respondents - Insurance Company is illegally not releasing on the ground that the petitioner was paid retiral dues in excess and the excess amount is being adjusted towards the monthly pension, that is, released in favour of the petitioner.

The issue involved in this civil application cannot be decided without hearing the writ petition in its entirety. Hence, we dispose of the civil application. The writ petition may be listed for final hearing in the week commencing 26.09.2016 at the end of the admission board.

JUDGE JUDGE Wadkar

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 15/09/2016