Purti Vanaspati Pvt Ltd. And ANR v. United India Insurance Co. Ltd.

S/L ORDER SHEET WPO/283/2020 IA NO: GA/1/2020

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PURTI VANASPATI PVT LTD. AND ANR VS UNITED INDIA INSURANCE CO. LTD.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date : 9th October, 2020.

Appearance:

Mr.Krishnaraj Thaker Adv.

Mr. S. Kr. Chakraborty, Adv.

Ms. Alakananda Das, Adv.

Ms. S. Ghosh, Adv.

..for Petitioner.

Mr. S. Sengupta, Adv.

Mr. Rajesh Singh, Adv.

...for Respondent.

The Court :- Affidavit of service filed in Court today is taken on record.

The petitioner has prayed for a direction upon the respondent Insurance Company to pay a sum of Rs.12,80,63,758/- only as assessed and determined by SKAAD Insurance Surveyors & Loss Assessors (P) Ltd. in its final report dated 13th April, 2019. The petitioner submits that though the surveyors filed the report way back in April, 2019, the Company is yet to finalise the claim and make payment pursuant to the same.

Learned advocate for the Company submits that they are not bound by the report as submitted by the surveyors and further submits that the claim of the petitioner will be finalised at the earliest. Upon hearing the submissions made on behalf of both the parties, the respondent Company is directed to take prompt necessary steps to finalise the claim of the petitioner as reflected in the surveyors' report dated 13th April, 2019 at the earliest but positively within a period of four weeks from the date of communication of a copy of this order. The Insurance Company shall make necessary payment to the petitioner immediately thereafter.

Writ petition being WPO 283 of 2020 is disposed of. Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities. (AMRITA SINHA, J.) nm