MANZOOR AHMAD BHAT Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) PETITIONER had come to this Court on an earlier occasion also in OWP No. 1305/96 which was disposed of on March 25, 1998 with the directions, which read thus: - "Mr. Ashan Ul Haq for the petitioner. Petitioner had approached the 'court seeking a writ of mandamus against the respondents for releasing the settled and approved amount. It is submitted by the learned counsel for the respondents that disbursement was not possible because genuineness of the approval was in question. The enquiry conducted by the respondents reveals that the approval is genuine. In this view of the matter learned counsel for the petitioner submits that the petition be disposed of with a direction to the respondents to release the amount. I have considered the matter. Since the approval has been held to be genuine, the respondents are, therefore, directed to consider the petitioners claim for disbursement and pass appropriate orders within one month. By virtue of order dated 9.4.97 respondent No.2 was directed to with hold an amount of Rs. 6,70,252/ - till further orders from the court. Since the writ petition has been disposed of it is ordered that the respondent No.2 shall release the amount in favour of respondent No. 1 and the order dated 9.4.97 shall stand vacated. This shall dispose of the writ petition as also the connected CMPs."

(2.) HIS contempt petition, seeking implementation of the aforementioned direction was disposed of on 1.9.2000 by providing as follows: - "Mr. Z.A. Qureshi. Mr. J.A. Kawoosa, AAG. The respondents are required to consider the claim of the petitioner, in terms of the order dated 25.3.1998. Mr. Qureshi submits that they have not communicated to him as to whether his claim has been considered. However, Mr. Kawoosa submits that it is specifically stated in the statement of facts ' that consideration has been accorded. Regard being had to the stand taken by L/C for the parties the respondents are directed to communicate the outcome of the consideration in writing to the petitioner within two weeks, so that 'if any cause accrues to him against such consideration he may invoke the proper remedy. Period stipulated to begin from the date the knowledge of this order accrues to the respondents."

(3.) AGGRIEVED by respondent, Oriental Insurance Company Limiteds Communication of October 6, 2000 informing him the grounds of rejection of his insurance claim, the petitioner has once again approached this Court seeking a writ of certiorari quashing companys communication of October 6, 2000, besides seeking a command on to the respondents to pay him an amount of Rs. 6,70,252/ -.