This is an oral order dismissing the writ petition claiming insurance for missing trucks. The court held that factual questions preclude determination in writ proceedings.
Petitioner directed to approach appropriate authority for insurance claim; writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 5759 OF 2010
Gulam Shabbir Gulam Dastgir PETITIONER
VERSUS
The State of Maharashtra & another RESPONDENTS
.....
Mr. P.A. Kulkarni, advocate for the Petitioner.
Mr. S.K. Kadam, A.G.P. for the Respondent-State.
.....
CORAM : NARESH H. PATIL AND
M.T. JOSHI, JJ.
DATED : 5th DECEMBER, 2011
ORAL ORDER:
1. Heard.
2. Leave granted to correct the truck number/s.
3. The petitioner, in the facts of the case,
may resort to alternate remedy available to him under
law, as the questions of facts are involved in the
present petition, which cannot be addressed and
determined in the proceedings of the present writ
petition. The petitioner is claiming the insurance
amount for the missing trucks. The writ petition is
disposed of.
[M.T. JOSHI, J.] [NARESH H. PATIL, J.]
npj/wp5759-11
(2)
2 issues framed by the court
Whether stay under Section 144 CrPC (or equivalent) can be granted where facts require inquiry unavailable in writ proceedings.
Whether the petitioner can claim insurance for missing trucks via writ petition.
Gulam Shabbir Gulam Dastgir
The State of Maharashtra
NARESH H. PATIL
M.T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court