C.R. No. 3480 of 2009 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3480 of 2009 (O&M) Date of Decision: November 13, 2009 M/s Kataria Transport Service …..Petitioner Vs. The Haryana Power Generation Corporation Ltd. and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ashish Aggarwal, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order in a suit filed by Haryana Power General Corporation and another Vs. M/s Kataria Transport Service and others, an application for transposing defendant No.2 Insurance Company as plaintiff has been allowed. Counsel for the defendant- petitioner has vehemently contended that the Insurance Company does not have any right at this stage to sue the defendant- petitioner in view of the provisions of Section 79 of C.R. No. 3480 of 2009 (O&M) [2] the Marine Insurance Act, 1963, providing for right of subrogation to an insurance company. He argues that unless and until the insurance company makes the payment to the insured, right to subrogation is not available to the Insurance Company. I have heard counsel for the petitioner and I am of the opinion that in case the rights of the defendant- petitioner to contest the claim of plaintiff including that of transposed plaintiff are safeguarded permitting them to challenge the maintainability of the suit on behalf of Insurance Company, in context to the fact and law, no prejudice will be caused to the defendant- petitioner. The pleas raised by the defendant- petitioner in this revision petition will be open to be taken up as defence in the written statement by filing an amended written statement or otherwise. Without prejudice to the legal rights of the petitioner, this revision petition is dismissed. However, it is observed that in case any legal defence is raised by the defendant- petitioner regarding maintainability of the suit, on behalf of insurance company, the trial Court will adjudicate the same fairly in accordance with law irrespective of any observations in the impugned order. November 13, 2009 (M.M.S.BEDI) sanjay JUDGE