ORIENTAL INSURANCE CO LTD Vs. ARUN KUMAR MAITRA
LAWS(CAL)-2005-4-58
HIGH COURT OF CALCUTTA
Decided on April 13,2005

NEW INDIA ASSURANCE CO.LTD.,UNITED INDIA INSURANCE CO. LTD.,ORIENTAL INSURANCE CO.LTD Appellant
VERSUS
ARUN KUMAR MAITRA,BUOY KUMAR MONDAL,BINOD SINGH Respondents

JUDGEMENT

- (1.) Since common questions of law have been raised in all these three civil revisionai applications, this Court proposes to dispose of all these three civil revisionai applications by a common order.
(2.) The following questions of law are involved in these revisionai applications : (i) Whether the provisions regarding execution of a decree as contained in Order 21 of the Code of Civil Procedure can be invoked in a proceeding for recovery of money from insurer under Section 174 of the Motor Vehicles Act, 1988 ? (ii) Whether the Manager of a Nationalised Bank can be regarded as a Public Officer as defined in Section 2 Sub-section (17) of the Civil Procedure Code ?
(3.) By the orders impugned, the learned Judge, MAC Tribunal passed an order of attachment of the bank account of the respective insurance companies to the tune of the award money of the respective claimants and the Managers of the respective banks were directed to withdraw an amount equivalent to the awarded money from the said account and to deposit the same by account payee cheques drawn in favour of the respective claimants before the Tribunal.;


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