IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10730 of 2008 NATIONAL INSURANCE CO.LTD.PATNA Versus THE STATE OF BIHAR & ORS ----------- 2. 24.07.2008 The writ application has been filed for quashing of an order dated 4.8.2006 passed by this Court in M A. No.462/2003. The office has reported that the writ application against the said order is not maintainable. Learned counsel for the petitioner is not able to convince this Court that the writ application would lie against an order passed by this Court itself in a Miscellaneous Appeal. Learned counsel seeks to rely upon a decision of the Supreme Court in the case of United India Insurance Co. Ltd. Vs. Rajendra Singh & ors and analogous cases: (2000) 3 SCC 581. The said decision is not at all applicable to the facts of the present case. In that case on subsequent discovery of fraud and misrepresentation the Insurance Company had moved the Tribunal for review which was disallowed on the ground that there was no such power of review in the Tribunal and the writ application against the same was rejected by this Court. In the said circumstances, the Apex Court had held that if there was fraud and misrepresentation then it was open to the Tribunal to reconsider the matter after hearing the parties on the fresh evidence led by them, which is not the situation here. The claim of the petitioner having been rejected by a reasoned order passed by this Court, it is open to the petitioner to only move a higher forum against the same. - 2 - The writ application is accordingly held to be not maintainable and is dismissed. S.Pandey (Ramesh Kumar Datta, J.)