- (1.) THE subject matter of the challenge is the order dated 04.02.2013, passed in S.B. Civil Writ Petition No.1884/2009, whereby the appellants herein, have been directed to reimburse 50% of the amount of the bills of mediclaim of the respondent/writ -petitioner, subject to final outcome of the writ petition.
(2.) WE have heard Mr. Vizzy Agarwal, the learned counsel for the appellants and Mr. Ashok Gaur, the learned Senior Counsel assisted by Mr. Shashank Agarwal, Advocate, for the respondent/writ -petitioner. Having regard to the constricted scope of scrutiny in the instant appeal, the facts, in bare essentials, would be recited. The respondent/writ -petitioner has approached this Court with the aforementioned writ petition seeking, in substance, interference with sub limits in clause 1.2(a), (b) and (c) of the prospectus (insurance policy of the petitioner) and condition No.3 of the letter dated 17.11.2008, whereby reimbursement for treatment in his own hospital has been excluded. An appropriate writ, order or direction has been sought for to require the appellant -Company to release all the claims of the respondent/writ -petitioner without insisting upon the applicability of the sub limits and the stipulations excluding treatment in his own hospital.
(3.) THE parties have, meanwhile, exchanged their pleadings.;