IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Special Appeal No. 937 of 2018

The New India Insurance Company Ltd.

...Appellant

Vs.

Smt. Amita Tamta and another

...Respondents

Present:

Mr. P.C. Maulekhi, Counsel for the appellant.

Mr. B.M. Pingal, Counsel for respondent no.1.

Mr. Sanjay Bhatt, Counsel for respondent no.2

Dated: 26^th November, 2018

Coram: Hon’ble Ramesh Ranganathan, C.J.

Hon’ble Lok Pal Singh, J.

Ramesh Ranganathan, C.J. (Oral)

The delay of 42 days in preferring the appeal is not opposed

and is therefore condoned. Application (CLMA No.17561 of 2018) is,

accordingly, allowed.

2.

This appeal, under Chapter-VIII Rule 5 of the Allahabad

High Court Rules, as adopted by the Uttarakhand High Court, is

preferred against the order passed by the learned Single Judge in Writ

Petition (M/S) No.945 of 2011 on 20.8.2018. The second respondent in

the writ petition is in appeal against the said order.

3.

The first respondent herein invoked the jurisdiction of this

Court seeking a writ of mandamus directing the State Election

Commission, and the New India Insurance Company Limited, to release

th