ORIENTAL INSURANCE CO LTD Vs. FORBES GOKAK LTD

JUDGEMENT

(1.) None present on behalf of the complainants. Mr. Vivek Walavalkar-Advocate instructed by Udwadia Udeshi and Bergis for opposite party No.1. Ms. A. N. Nadar-Advocate for opposite party No.2. None present on behalf of opposite party No.3. Mr. S. N. Mishra, Advocate for opposite party No.4.

(2.) On 20.4.2000, on behalf of the complainants, pursis has been filed in a form of application, seeking withdrawal of the complaint herein. On perusal of the application, it is noticed that withdrawal is sought in view of the recent judgment of the Apex Court in the case of Oberai Forwarding Agency V/s. New India Assurance Co. Ltd., 2001 1 CPJ 7, wherein the Apex Court has held that the claims filed before the Consumer Fora based under the Letter of Subrogation from the insured, will not be entertainable before the Consumer Foras, under the provisions of the Consumer Protection Act, 1986 . The claim in the complaint herein is based on such Letter of Subrogation. Hence withdrawal. Order

(3.) The complainants are allowed to withdraw the complaint as per their application for the reasons as indicated herein above. The complaint, therefore, be treated as disposed of, as far as this Commission is concerned, as being withdrawn. We, however, clarify that this withdrawal will not operate as an impediment to the complainants pursuing their remedy available under the law. The learned Advocate Mr. Vivek Walavalkar for opposite party No.1 shall forward copy of this order to the Advocate for the complainants, as also to the complainants. Orders passed.