Jayanti Patnaik Vs Nic Ltd.

2. Learned Counsel for the parties are present and submit, during pendency of the Writ Petition the parties have agreed to settle the matter amicably as per the terms detailed in Para-3 of I.A. No.10486 of 2024, which has been filed jointly by the parties to accept the terms and conditions set forth in the said application and pass appropriate order, as deemed just and proper.

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3. In view of such submission made by the learned Counsel for the parties, it would be apt to reproduce below Para-3 of the I.A.

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“3. That during pendency of the writ petition, both the parties i.e. the petitioners and opposite party-insurance company have arrived at a settlement of the dispute with the following terms and conditions:

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(a) The Opposite Party No.1-Insurance Company shall pay Rs.1,00,000/-(Rupees one lakh) to the petitioners in respect of their claim towards full and final settlement arising out of M.A.C. No.106 of 1994 (M.A.C. No.372/1993-GDC) within a period of 15 days from the date of passing of the order by this Hon’ble Court.

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(b) On receipt of the aforesaid amount of Rs.1,00,000/- from the Insurance Company, the petitioners shall not claim any further amount from the Insurance Company.”

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(Emphasis Supplied)

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4. In view of the agreed terms, as extracted above, the Opposite Party No.1 is directed to act in terms of the said settlement, within the stipulated time frame.

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5. Mr. Mishra, learned Counsel for the Opposite PartiesInsurance Company submits, if the Petitioner No-1 furnishes the details of her bank account, his client would be able to transmit the settled amount to the said account of Petitioner No-1 through online transfer within the stipulated period in terms of the said settlement.

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6. In response to the said submission made, Ms. Mohapatra, learned Counsel for the Petitioner undertakes to furnish the bank details of all the Petitioners to Mr. Mishra, learned Counsel for the Opposite Parties-Insurance Company by 23.08.2024 enabling him to act in terms of the settlement arrived at between the parties. It is made clear that on furnishing of bank details of the Petitioners, the payment shall be made to the Petitioners with the apportionment of Rs.50,000/- to be paid to Petitioner No.1 and Rs.25,000/- each to Petitioner Nos.2 & 3 through online transfer within 15 days from the date of furnishing

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the bank details, as undertaken by the learned Counsel for the Petitioners.

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7. It is made further clear that on payment of the amount in terms of the settlement, as detailed above, certificate proceeding in CC Case No.487 of 2005, if pending, shall be treated as dropped. Liberty is granted to the Petitioner to move an application before the Certificate Officer to the said effect, along with a copy of this order so also proof as to transmitting the money to the account of the Petitioners.

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8. With the said observation and direction the Writ Petition stands disposed of.

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9. Urgent certified copy of this order be granted on proper application as per rules.

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(S. K. Mishra)

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Mona

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Signature Not Verified

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Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Odisha Date: 23-Aug-2024 17:43:54