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2021 Supreme(Bom) 1460
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.J. Kathawalla, Abhay Ahuja, JJ.
Iffco Tokio General Insurance Co. Ltd - Appellant
Versus
Employees State Insurance Corporation & Ors. - Respondents
Writ Petition No. 7572 of 2021
Decided On : 11-11-2021
A.P.Kulkarni, Advocate, Mridul Ranjan, Advocate
Acceptance of the Petitioner's statement regarding non-encashment of the demand draft as a basis for the court's decision.
Headnote:
Demand Draft - Encashment - The court accepted the statement of the Petitioner that the demand draft issued to Respondent No. 1 had not been encashed and directed Respondent No. 1 to produce relevant records on the adjourned date.
Fact of the Case:
The Petitioner's demand draft issued to Respondent No. 1 had not been encashed.
Finding of the Court:
The court accepted the statement of the Petitioner and directed Respondent No. 1 to produce relevant records on the adjourned date.
Issues: Non-encashment of demand draft by Respondent No. 1.
Ratio Decidendi: The court's decision was influenced by the acceptance of the Petitioner's statement regarding the non-encashment of the demand draft.
Final Decision: The court directed Respondent No. 1 to produce relevant records on the adjourned date and extended the validity of the order until a specified date.
JUDGMENT
1. Perused the Order dated 10th November, 2021.
2. Despite service, none appear for Respondent No. 1.
3. Today, the General Manager, Corporate - Legal Department of the Petitioner is present along with his Advocate in Court. He has tendered a copy of the demand draft bearing No. 348070 dated 10th November, 2021 issued in the name of Respondent No. 1 drawn on Deutsche Bank, Hazarimal Somani Marg, Mumbai. The same is taken on record. He further states that on 10th November, 2021 the said demand draft has been handed over to Respondent No. 1. However, the same has not been encashed. The statement is accepted.
4. Respondent No. 1 will produce the relevant record on the adjourned date.
5. The Order dated 10th November, 2021 shall continue upto 18th November, 2021. In other words, Respondent No. 1 will not encash the said demand draft collected from Deutsche Bank upto 18th November, 2021.
6. Place the matter before the Regular Court on 16th November, 2021.
