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SCA/9898/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9898 of 2008
=========================================================
KANHA
TRADING COMPANY - Petitioner(s)
Versus
GENERAL
MANAGER & 1 - Respondent(s)
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Appearance
:
MR
VISHWAS K SHAH for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 01/08/2008
ORAL
ORDER
The
petitioner by this petition has prayed for the relief inter alia to
direct respondent to take appropriate decision in the claim of
insurance lodged by the petitioner, after examining the same on
merits.
Considering
the facts and circumstances, it appears that if the direction is
given to the insurance company to take appropriate decision, upon
claim lodged by the petitioner in accordance with law, no prejudice
will be caused.
Hence,
present petition is disposed of with the direction that the
respondent No. 2 shall take appropriate decision, if required after
consulting respondent No. 1, in respect to the claim of insurance
lodged by the petitioner, and shall communicate to the petitioner,
preferably within a period of one month from the receipt of the
order of this Court.
It
is clarified that by the present direction, no additional right
shall stand vested in the favour of the petitioner, and the claim of
insurance will be required to be examined and decided in accordance
with law.
Liberty
also to the respondents to move for modification, in case, if they
are aggrieved by the aforesaid observation. It is also observed that
in the event decision of the insurance company is against the
petitioner, the petitioner may resort to appropriate proceedings as
available in law.
(JAYANT PATEL, J.)
Suresh*
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