HINDUSTAN MOTORS LTD. AND ANR. Vs. NATIONAL INSURANCE CO. LTD. AND ANR.
LAWS(CAL)-2001-9-53
HIGH COURT OF CALCUTTA
Decided on September 07,2001

Hindustan Motors Ltd. And Anr. Appellant
VERSUS
National Insurance Co. Ltd. And Anr. Respondents

JUDGEMENT

Amitava Lala, J. - (1.) This writ petition relates to various reliefs. Out of which withdrawal, revocation, recalling and/or cancellation of the impugned notice on 3 -3 -1992 being Annexure 'N' to the writ petition, issued by the Senior Divisional Manager, National Insurance Company Limited, respondent No. 2 is also particularly available.
(2.) Since the other reliefs are virtually relating to grant of claim of the petitioners arising out of fire took place in the petitioners premises along with interest, this Court is not inclined to adhere anything in respect thereto sitting in the writ jurisdiction but behaving like fact finding Court. Such type of claim cannot be entertained under the writ jurisdiction. It has to be adjudicated by a regular Civil Court or forum to come to a definite conclusion in this regard.
(3.) On that score, Mr. P.K. Mallick, learned senior Counsel for the petitioner addressing before the Court fairly submitted that such relief cannot be granted under the writ jurisdiction as rightly pointed out by the Court, and a suit is already existing in between the parties. But the relief as primarily made hereunder, is not for the same but for cancellation, revocation, withdrawal, or recalling of the impugned notice on 3 -3 -1992, as aforesaid, to which there cannot be any embargo in proceeding with the same under the writ jurisdiction.;


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