IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 17200 of 2007(Y) -------------------------- PETITIONER: ------------ THE GENERAL MANAGER, TELECOM, OFFICE OF THE GENERAL MANAGER, BHARATH SANCHAR NIGAM LTD., MALAPPURAM. BY ADV. SRI.C.S.RAMANATHAN RESPONDENTS: ------------- 1. NEW INDIA INSURANCE COMPANY LTD., REP.BY THE DIVISIONAL MANAGER, CALICUT. 2. THE BRANCH MANAGER, NEW INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, TRIPURI BUILDING, EAST NADAKKAVU, CALICUT. ADDITIONAL RESPONDENT: 3. SECRETARY, MINISTRY OF FINANCE, GOVT. OF INDIA. (R3 IS IMPLEADED AS PER ORDER IN I.A.NO.4138/08 ON 10.7.2008) BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 17200 of 2007 ================== Dated this the 23rd day of July, 2008 J U D G M E N T The subject matter of this writ petition is a dispute between the BSNL on the one part and the New India Assurance Company Ltd. on the other, regarding payment of insurance amount in respect of damage to a tele-communication equipment, which was transported from Bombay to Tirur. The Insurance Company repudiated the claim of the BSNL. In the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) To issue a writ of certiorari or any other order or direction by calling for the records leading to Ext.P19 and Ext.P21 and to quash the same. (ii) And to issue a writ of mandamus directing the respondent 1 and 2 to pay the petitioner the damages as claimed under the insurance policy with interest @ 18% from the date of claim was made. (iii) To issue a direction to the respondents to request the Government of India to constitute a committee to settle the dispute between the petitioner and the respondents 1 and 2.” 2. Both the entities are owned by the Government of India. In several decisions the Supreme Court has repeated that w.p.c.17200/07 2 disputes of this nature between two Central Government owned entities shall be resolved by a High Power Committee set up by the Central Government for the purpose. [MAHANAGAR TELEPHONE NIGAM LTD., v. CHAIRMAN, CENTRAL BOARD, DIRECT TAXES AND ANOTHER {(2004) 6 SCC 431} & CHIEF CONSERVATOR OF FORESTS v. COLLECTOR {(2003) 3 SCC 472}] In the above circumstances, I am satisfied that the same course should be adopted in this case also. Accordingly, this writ petition is disposed of directing the additional 3rd respondent to constitute a High Power Committee to resolve the dispute between the petitioner and respondents 1 and 2 in this case. The High Power Committee shall be set up within a period of two months and the Committee shall complete the proceedings for resolving the dispute within a period of four months from the date of setting up of the High Power Committee. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.17200/07 3 S.SIRI JAGAN, J. ================== I.A.No.4138/2008 in W.P.(C).No.17200/2007 ================== Dated this the 10th day of July, 2008 O R D E R This application is to implead the Secretary, Ministry of w.p.c.17200/07 4 Finance, Government of India, as additional respondent in the writ petition. Heard. Allowed. The above officer is impleaded as the additional 3rd respondent in the writ petition. WRIT PETITION Assistant Solicitor General takes notice on behalf of the additional 3rd respondent. Post next week. sdk+ S.SIRI JAGAN, JUDGE