SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Cal) 3847

CALCUTTA HIGH COURT
Partha Sarathi Chatterjee, J
Shyamal Chakraborty – Appellant
Versus
The Insurance Ombudsman – Respondent
WPA 21462 of 2021



Advocates:
For the Appellants/Petitioners: Mr. Arijit Mookherjee
For the Respondents: Mrs. Soma Roy Chaudhuri, Ms. Payel Khanra, Mr. Supriya Dubey

A writ petition cannot proceed when a prior award exists, leaving the petitioner to seek redress through appropriate legal avenues.

Headnote:In this writ petition concerning an alleged inaction by the Insurance Ombudsman, it was determined that the Ombudsman had already disposed of the petitioner's application on 26th July, 2021. The court found that since the award had been communicated, no further order was necessary. The petitioner retains the option to challenge the award through appropriate legal channels. The petition was disposed of with no order as to costs.

Mr. Arijit Mookherjee Mr. Prithish Chandra ..…for the petitioner Mrs. Soma Roy Chaudhuri Ms. Payel Khanra ….. for the respondent nos. 1 & 3 Mr. Supriya Dubey ….. for the respondent no. 4 The present writ petition has been preferred alleging inaction on the part of the Insurance Ombudsman in considering the petitioner’s application.

During the course of the hearing, Mrs. Roy Chaudhuri, learned Advocate representing respondent nos. 1 and 3, produced a copy of the order passed by the Insurance Ombudsman and submitted that the Insurance Ombudsman, by an order dated 26th July, 2021, had already disposed of the petitioner’s application.

Mrs. Roy Chaudhuri further pointed out that the petitioner had previously submitted an application, which was duly considered by the Insurance Ombudsman, resulting in an award dated 26th July, 2021. However, suppressing this fact, the petitioner made a fresh application before the Insurance Ombudsman and citing inaction on the part of the Ombudsman in considering his subsequent application, the present writ petition has been preferred.

Document, as produced by Mrs. Roy Chaudhury in Court is taken on record.

Mr. Mookherjee, learned Advocate representing the petitioner, submits that the award dated 26th July, 2021, was not communicated to the petitioner.

This contention has been seriously disputed by Mrs. Roy Chaudhuri, learned Advocate. However, a copy of the order dated 26.07.2021 has been handed over to Mr. Mookherjee in Court today.

Be that as it may, since an award was passed on

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top