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Calcutta High CourtCO/2089/2025dismissed

Icici Lombard Gen Ins Co Ltd v. Sonali Rakshit And ORS

2025-06-24Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Court No. 6 CO 2089 of 2025 (265719) 24.06.2025 ICICI Lombard Gen. Ins. Co. Ltd.

Vs.

Sonali Rakshit & Ors.

(AD 6) (S. Banerjee) Mr. Sayak Majumdar ...for the petitioner This application under Article 227 of the Constitution of India is at the instance of the judgment-debtor and is directed against orders dated December 6, 2022 and November 29, 2024 both passed by the learned Judge MAC Tribunal, ADJ, Fast Track 2nd Court at PUrulia in Misc. Execution Case No. 1 of 2023, arising out of MAC Case No. 80 of 2013.

By the order dated December 6, 2022, the insurance company/petitioner herein was directed to make payment of Rs. 61,890/- within two months from the date of the said order by issuing an account payee cheque in the name of Sonali Rakshit, wife of deceased Sambhunath Rakshit. After a lapse of two years of passing of the order dated December 6, 2022, the insurance company filed a written objection before the learned trial judge, which stood rejected by an order dated November 29, 2024. The petitioner has

filed this application under Article 227 of the Constitution of India only on June 16, 2025 challenging the orders dated December 6, 2022 and November 29, 2024. After rejection of the written objection by an order dated November 29, 2024, the petitioner has approached this court challenging the order dated December 6, 2022. The inordinate delay in approaching this court challenging the order dated December 6, 2022, has not been explained in this application under Article 227 of the Constitution of India.

For such reason, this court is not inclined to entertain this application. Accordingly, the same stands dismissed.

(Hiranmay Bhattacharyya, J.)