Manmath Kumar Sahoo v. Office Of The Insurance Ombudsman, State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.39201 of 2021 Manmath Kumar Sahoo .... Petitioner Mr. D. K. Panda, Advocate -versusOffice of the Insurance Ombudsman, State of Odisha and Others .... Opp. Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 05.08.2022 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2. Petitioner was the Exclusive Privilege Holder (EPH) of Angulai IMFL 'OFF' Shop at Angulai in the District of Kendrapara for the Excise Year, 20182019, and the Shop was insured with the Oriental Insurance Company, Kendrapara under a policy for the relevant period. Due to a burglary committed in the shop premises causing a loss to the tune of Rs.20 Lakhs, the petitioner apart from lodging an FIR had claimed compensation under the insurance policy. The insurance company repudiated the insurance claim leading to the petitioner to approach the Insurance Ombudsman by filing a complaint, which vide the impugned award/order dated 28th October, 2021 (Annexure-8) has dismissed the complaint.

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3. The challenge herein has been made to the aforesaid order dated 28th October, 2021 passed by the Insurance Ombudsman, Odisha.

4. On the previous date of hearing, the Court had orally expressed the doubt regarding maintainability of the Writ Petition.

5. Be that as it may, at the time of hearing today, learned counsel for the petitioner prays for permission to withdraw the present Writ Petition to enable the petitioner to seek his available remedy in accordance with law.

6. In view of the above, the Writ Petition is dismissed as withdrawn with the aforesaid liberty.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 5th August, 2022 Cuttack