Neutral Citation No. - 2025:AHC-LKO:35483-DB Court No. - 2 Case :- WRIT - C No. - 5636 of 2025 Petitioner :- Janki Soni Respondent :- State Of U.P. Thru. Prin. Secy. Commercial Tax Lko And 3 Others Counsel for Petitioner :- Tauseef Ali Ansari,Faizal Hashmi,Zoheb Ahmad Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Mr. Vashu Deo Mishra, Advocate has filed Vakalatnama on behalf of respondent no. 4 along with application for exemption of personal appearance today in Court, which is taken on record. This application, considering the reasons indicated for exemption of personal appearance, is allowed. The personal appearance of respondent No.4 is dispensed with. 2. Heard learned counsel for petitioner, Mr. Vashu Deo Mishra, learned counsel for respondent no. 4, learned Standing Counsel for the State and perused the material available on record. 3. By means of the present petition, the petitioner has sought following relief:- "i. to issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 26.09.2024, issued from the office of Oriental Insurance Co. Ltd., passed by opposite party no. 4, by which he has rejected the claim of the petitioner under "Mukhyamantri Vayapari Durghatna Biam Yojana. ii. issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide the benefits to the petitioner under "Mukhyamantri Yavyapari Durghatna Bima Yojana." 4. Taking note of the pleadings and documents available on record including the policy namely, "Mukhyamantri Vayapari Durghatna Bima Yojana", on 12.06.2025, following order was passed:- "1. Heard learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. By means of the present writ petition, the petitioner has sought following relief:- "to issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 26.09.2024 issued from the office of Oriental Insurance Co. Ltd. passed by O.P. No. 4 by which he has rejected the claim of the petitioner under "Mukhyamantri Vayapari Durghatna Bima Yojana." 3. At the very outset, learned counsel for petitioner made a statement at the Bar that learned standing counsel for Insurance Company has refused to accept the notice. Looking to the pleading made in the writ petition, for the proper adjudication of the matter, the presence of the counsel for the opposite party no. 4 or the official concerned is required. 4. In view of above, Senior Regional Manager, Oriental Insurance Company Ltd., Regional Office-2, Lucknow, 9th Floor Vikas Deep Building, 22 Station Road, District Lucknow shall appear in person before this Court by tomorrow i.e., 13.06.2025 to assist the Court. 5. The In-charge Senior Registrar of this Court is directed to communicate this order to respondent no. 4, forthwith. 6. Put up this case tomorrow i.e., 13.06.2025." 5. In compliance of the order of this Court quoted above, Smt. Bindu Jain Das Gupta, Regional Manager (Legal), Oriental Insurance Company Limited Jeevan Bhavan 43, Hazratganj, Lucknow (in short Company) is present in person before this Court. She has been identified by her counsel Shri Vashu Deo Mishra. 6. On being asked, the Officer present before this Court has stated that the Company is in process to appoint the retainer/Standing Counsel for the purpose of receiving advance notice and decision would be taken in this regard at the earliest. 7. Based upon the affidavit particularly paragraph no. 6, it is stated that inadvertently the case of the petitioner was repudiated and the same would be reviewed and appropriate amount would be paid at the earliest as per "Mukhyamantri Vayapari Durghatna Bima Yojana". Paragraph no. 6 of the said affidavit reads as under:- "6. That in respect to merits of the present case, it is submitted that on the knowledge of the order dated 12.06.2025 passed by this Hon'ble Court, the deponent has gone through the record and also taken advice from his panel counsel and giving assurance before this Hon'ble Court that the claim of the petitioner will be reviewed at earliest and same shall be considered ignoring the necessity of driving license mentioned in the repudiation letter dated 26.09.2024." 8. In view of the aforesaid, this Court finds that in the instant matter no adjudication is required. 9. Accordingly, this writ petition is disposed of in terms of the contents of the paragraph no. 6 of the affidavit, quoted above, with observation that the case of the petitioner shall be considered and appropriate decision would be taken within a period of one month. Order Date :- 13.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench