Date of filing: 14.01.2021                                                                 Date of disposal: 21.12.2021

Complainant:             M/s. Bardhaman Jute Industries, a Partnership Firm, having its office at Barcharhat, near Satimata Cold Storage, PO: Sripally, PS: Burdwan, Dist: Purba Bardhaman, PIN - 713 103, represented by one of its Partners, namely, (a) Mr. Pradeep Kumar Kothari, S/o.  Late Nav Ratanmal Kothari & (b) Mrs. Sashi Kothari, W/o. Sri Pradeep Kumar Kothari, both are residing at CRAV-05 (Central Avenue), Ulhas Mini Township, PO: Joteram, PS: Burdwan, Dist: Purba Bardhaman, PIN - 713 101.

-Vs-

Opposite Parties:       1. The New India Assurance Company Limited,  having its registered office at New India Assurance Building, 87,  M. G. Road, Fort, Mumbai, PIN – 400  001, represented by its Chairman.

2. The Deputy General Manager, The New India Assurance Company Limited,  Kolkata, R.O., 4,  Mangoe Lane, Kolkata, PIN – 700  001, West Bengal.

3. The Divisional Manager, The New India Assurance Company Limited,  Chinsurah Divisional Office,  Khadina More, Chinsurah, PO. & PS: Chinsurah, Dist: Hooghly, PIN - 712 101, West Bengal.

4. The Branch Manager, The New India Assurance Company Limited,  having its Branch Office at R. G. Bhavan, G. T. road, Chotonilpur More, PO: Sripally, PS: Burdwan, Dist: Purba Bardhaman, PIN – 713  103.

Present:

Hon’ble President: Mr. Md. Muizzuddeen.

Hon’ble Member: Shri Sailaranjan Das.

Appeared for the Complainant :        Ld. Advocate, Subrata Ghosh, Rumania Bagchi Ghosh & Debdas Rudra.

Appeared for the Opposite Party No. 4:    Ld. Advocate, Shyamal Kr. Ganguli.

Order No. 12, Dated: 22.12.2021

Today is fixed for further hearing of the withdrawal petition. Complainant files hazira through the Ld. Advocate. OP files hazira through the Ld. Advocate. The application for withdrawal of complaint with liberty to file afresh is taken up for further hearing. Heard both sides in full.

The complainant on 16.09.2021 has filed a petition supported by an affidavit praying for withdrawal of the case with liberty to file afresh on the ground that after filing this case the Ops repudiated the insurance claim of the complainant vide letter dated 05.02.2021 and closed  the file as  ‘no claim’. As such a new cause of action has been arisen for such repudiation. He further submitted that to avoid further complication, as well as, for proper adjudication, the case is required to be withdrawn with liberty to file afresh.

The OP filed written objection supported by an affidavit and pray for dismissing the petition for withdrawal of the case with liberty to file afresh. Ld. Advocate for the OP submitted that if the prayer for withdrawal of the case is allowed to file a new suit with same cause of action between the same parties and with the same issue, it would be against the law of the land. But, at the same time, he verbally submitted that if the prayer for withdrawal of the case is allowed then the Commission may award heavy cost. He also admitted in his oral submission that after filing the present case the repudiation letter was issued.

On perusal of the case record it appears that the case has been filed on 14.01.2021 and admittedly the repudiation letter was issued on 05.02.2021, i.e., long after filing the case which creates the new cause of action due to issuance of repudiation letter dated 05.02.2021. On the above situation it can be said that there is a formal defect in the complaint which can be cured by filing fresh suit as nature and character of the case has been changed and applying the principle of equity, justice and good conscience, the prayer of the complainant can be allowed. Accordingly, the prayer of the complainant for withdrawal of the case with liberty to file afresh is considered and allowed.

Hence, it is

O r d e r e d

that the complainant is permitted to withdraw the case  with liberty to file    afresh and as such the case is hereby withdrawn.

            Let a plain copy of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                 (Md. Muizzuddeen)

                                                                                                              President

         (Md. Muizzuddeen)                                                  D.C.D.R.C., Purba Bardhaman

                   President

      D.C.D.R.C., Purba Bardhaman

                                                                         (Sailaranjan Das)                                         

                                                                                 Member                                                                 

                                                             D.C.D.R.C., Purba Bardhaman