D.M.,N.I.A.Co.Ltd. v. Ramamani Debi

IN THE HIGH COURT OF ORISSA AT CUTTACK

OJC No.6216 of 2000 (Through Hybrid mode) Divisional Manager, New India Assurance Co. Ltd.

....

Petitioner Mr. G.P. Dutta, Advocate -VersusRamamani Debi and others ....

Opposite Parties Mr. S. K. Mohanty, Advocate CORAM: JUSTICE ARINDAM SINHA

ORDER

14.03.2023 I.A. no.7 of 2023 17.

1.

Mr. Mohanty, learned advocate appears on behalf of Order No.

applicants, who are opposite party nos.1 and 2 in the writ petition. He submits, applicant no.1 is an old and widow. After death of her husband and for obtaining Aadhaar Card, she came to be known as 'Ramamani Mohapatra' in place of 'Ramamani Debi'. By reason of change of name she is unable to obtain disbursement from the Certificate Court, pursuant to order dated 10th January, 2022 dismissing the writ petition filed by the insurance company.

2.

Mr. Dutta, learned advocate appears on behalf of the insurance company and submits, the entire amount along with cost, directed to be paid by said order dated 10th January, 2022, was deposited in the Certificate Court. 3.

It does appear from the cause title in the writ petition that the insurance company as petitioner, had arraigned, inter alia, applicant no.1 as Ramamani Debi, aged about 46 years, wife of Late Brajabandhu Mohapatra. She says that she is now known as Ramamani Mohapatra.

4.

Prayer in the application is for correction of the name of opposite party no.1 and consequential prayers. The application has been made in the writ petition.

5.

The application is allowed by directing amendment in the cause title, to amend name of opposite party no.1 from Ramamani Debi to Ramamani Mohapatra. Mr. Dutta has liberty to cause the correction in Court, to be countersigned by Court Master. Thereupon, applicants may apply for certified copy of the order and produce before the Certificate Court, for obtaining disbursement.

6.

The application is disposed of.

(Arindam Sinha) Judge RKS