Ekangini Naik v. The Manager In Charge, Magma Hdi, General Insurance Company Ltd., Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.21921 of 2022 (Through Hybrid mode) Ekangini Naik ....

Petitioner Mr. D. Dash, Advocate -versusThe Manager In Charge, Magma HDI, General Insurance Company Ltd., BBSR ....

Opposite Parties Mr. R. C. Panigrahi, Advocate CORAM: JUSTICE ARINDAM SINHA Order No.

ORDER

19.10.2022 02.

1.

Mr. Dash learned advocate appears on behalf of petitioners and submits, they are the widow and minor son. The husband died in an accident. In the case before 1st National Lok Adalat, Dharmgarh, inter alia, there was direction to keep Rs.2,00,000/- in fixed deposit. Petitioner no.1 wants premature encashment of the fixed deposit, to enable her to commence small business for livelihood. 2.

Mr. Panigrahi, learned advocate appears on behalf of opposite party (insurance company).

3.

Paragraph three from order dated 21st September, 2022 is reproduced below.

// 2 // "3.

Parties are to satisfy Court on constitution of National Lok Adalat and whether or not it has power to modify its award."

4.

Mr. Panigrahi submits with reference to impugned order dated 12th March, 2022 that, inter alia, direction also was there should be no liquidation without prior permission of the tribunal. He submits, therefore, petitioner can approach the tribunal without requiring modification being made by this Court in judicial review. Mr. Dash submits, his client will be well advised to approach the tribunal for the modification sought of premature encashment. 5.

On record of above, the writ petition is disposed of. (Arindam Sinha) Judge Prasant