Petitioner sought to challenge an insurance award by writ petition under Article 227. Counsel submitted an appeal was the available alternate remedy and sought leave to withdraw with liberty to refile a duly constituted petition; the court permitted withdrawal and dismissed the petition with that liberty.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 482 of 2024
---- Petitioner
Versus
1. Oriental Insurance Company Ltd. Through Branch Manager Branch Office, Ambikapur, Near Ambedkar Square, Ambikapur, DistrictSurguja, C.G. (Now Surguja, Chhattisgarh)
2. State of Chhattisgarh Through The Collector, Surguja, Ambikapur, Chhattisgarh.
---- Respondents
CAUSE TITLE TAKEN FROM CIS PERIPHERY
--------------------------------------------------------------------------------------------For Petitioner : Mr. Vibhor Govardhan, Advocate. For State : Mr. Pramod Ramteke, PL. ----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
19.06.2024
1. At the outset, learned counsel for the petitioner seeks permission of this Court to withdraw this Petition with liberty to file duly constituted petition in accordance with law. He submits that against the award, an appeal lies, therefore whenever an alternate remedy is available by way of an appeal, Writ Petition under Article 227 of the Constitution of India is not maintainable, therefore learned counsel seeks to withdraw.
2. Learned State counsel raises no objection with regard to aforesaid prayer.
3. Permission granted reserving the aforesaid liberty.
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4. Accordingly, this Petition is dismissed as withdrawn with the aforesaid liberty.
5. Registry shall return the certified copy of relevant documents to counsel for the petitioner after retaining its photocopy.
Sd/-
(Deepak Kumar Tiwari) Judge
Avinash
1 provisions across 1 enactments
Bhuneshwar Prasad Rajwade
Oriental Insurance Company Ltd.
State of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
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