R.Manohar v. The Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.23674 of 2023 &WMP.Nos.23179, 23180 & 23181 of 2023 R.Monohar

...Petitioner

-Vs1.The Manager, Motor Third Party Claims Hub, M/s.The New India Assurance Company Ltd., Salem TP Hub - 720 008, 1st Floor, NM Arcade, Opp. ARRS Multiplex, Meyyanur Bye Pass Road, Salem - 636 004.

2.Mr.S.M.Shanmuganathan, 3.M/s.The New India Assurance Company Ltd., Represented by its Regional Manager, Obli Towers, No.594, Diwan Bahadur Road, R.S.Puram, Coimbatore - 641 002.

4.The Chief Manager, (Vigilance), M/s.The New India Assurance Company Ltd., Corporate head office, No.897, M.G.Road, Kala Ghoda Fort, Mumbai, Mahrashtra - 400 001.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the issuance of the impugned termination letter in 1/4

TPHUB/SLM/2022-23 dated 13.03.2023 and to quash the same and consequently direct the first respondent to include the petitioner's name in the list of Panel Advocates appearing in cases on behalf of the third respondent Insurance Company.

For Petitioner : Mr.P.Ravi Kumar

ORDER

The petitioner is an advocate and a panel advocate for M/s.The New India Assurance Company Ltd., On certain allegation, the concerned Insurance Company removed the counsel from its panel. This is now under challenge.

2.Without getting into the merit of the allegations leveled by the Insurance Company against the petitioner, this Court makes it clear that no advocate can insist that the client should necessarily use his services. Here is a client which does not want the petitioner's services and these are all issues that arise between the client and the counsel and merely because a Writ against an Insurance Company is maintainable, does not mean that this Court has to enlarge its powers under Article 226 to provide the remedy sought for by the petitioner. 2/4

3.This Court does not find any merit in this Writ Petition and accordingly, it is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

10.08.2023 Index : Yes/No Internet : Yes/No Tsg 3/4

N.SESHASAYEE, J., Tsg Order made in WP.No.23674 of 2023 &WMP.Nos.23179, 23180 & 23181 of 2023 10.08.2023 4/4