PRATAPGADH SEVA SAHAKRI MANDLILTD v. GENERAL INSURANCE CORPORATION OF INDIA

HON'BLE MR.JUSTICE B.J.SHETHNA ============================================================

1. Whether Reporters of Local Papers may be allowed : NO to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO of the judgement?

4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates, Judge/Judges, Tribunal/Tribunals? -------------------------------------------------------------- PRATAPGADH SEVA SAHAKRI MANDLILTD Versus GENERAL INSURANCE CORPORATION OF INDIA -------------------------------------------------------------- Appearance:

Special Civil Application No. 11319 of 1993 MR MUKESH A PATEL for Petitioner No. 1 MR PV NANAVATI for Respondent No. 1 MR SN SHELAT AG with MR PR ABICHANDANI AGP (cid:9) (cid:9)for Respondent No. 2 MR MUKESH A PATEL for Petitioner No. 1 MR PV NANAVATI for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE B.J.SHETHNA Date of decision: 29/07/2004 COMMON ORAL JUDGEMENT (cid:9)Leave to add Union of India as party respondent No.3 in all these petitions is granted. (cid:9)Learned Senior Standing Counsel Mr.Jitendra Malkan waives service of rule for newly added respondent No.3-Union of India. (cid:9)Heard learned counsel for the petitioners, learned Senior Advocate, Mr.P.V.Nanavati for respondent No.1-Insurance Corporation, learned Advocate General, Mr.S.N.Shelat with AGP, Mr.P.R.Abichandani for respondent No.2-State of Gujarat and Senior Standing Counsel, Mr.Jitendra Malkan for newly added respondent No.3-Union of India. (cid:9)Having regard to the peculiar facts and circumstances of the case, learned counsel for the petitioners seek permission to withdraw all these petitions with a liberty to make proper representations to both the Union of India and the State Government for redressal of their grievances as according to them have not been properly considered and decided by the concerned Committee. The matter relates to poor farmers, who are the victims of drought at the relevant point of time. Both the Senior Standing Counsel, Mr.Malkan appearing for Union of India and learned Advocate General, Mr.S.N.Shelat for the State of Gujarat have assured this court that if proper representations are made by the petitioners then the respective Governments will consider those representations sympathetically as early as possible, preferably within a period of three months from the receipt of the representations, if made within a period of one month from today, after extending an opportunity of hearing to the petitioners or through their attorneys. (cid:9)Accordingly, permission is granted and all the petitions stand disposed as withdrawn. Rule is discharged with no order as to costs. (cid:9) (cid:9)(B.J.Shethna, J.) (cid:9) *Pvv (cid:9) (cid:9) (cid:9) (cid:9)