IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5372 of 2009 M/S DEBASHREE CONSTRUCTIONS (INDIA) PVT LTD. A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT NEW AREA, NAWAJADIK COMPLEX, OLD G T ROAD, AURANGABAD, BIHAR THROUGH ITS MANAGING DIRECTOR SMT. GEETA SINGH, WIFE OF SHRI KAUSHAL KUMAR SINGH, RESIDENT OF NEW AREA, AURANGABAD, BIHAR. Versus 1. THE NATIONAL INSURANCE CO.LTD. HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, P.O.BOX NO. 9229, KOLKATA-700071 THROUGH ITS ZONAL MANAGER. 2. THE BARANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. BRANCH OFFICE – MAHARAJGANJ ROAD, NEW AREA, AURANGABAD, BIHAR. 3. THE IRCON INTERNATIONAL LTD., A GOVERNMENT OF INDIA UNDERTAKING HAVING ITS REGISTERED OFFICE AT PLOT No.4, DISTRICT CENTRE, SAKET, NEW DELHI-110 017, THROUGH ITS DIRECTOR (PROJECTS). 4. THE JOINT GENERAL MANAGER, IRCON INTERNATIONAL LTD. 1ST FLOOR, SONE BHAWAN, DARGOA PRASAD RAI PATH, PATNA. with CWJC No.5376 of 2009 M/S DEBASHREE CONSTRUCTIONS( INDIA) PVT LTD. A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT NEW AREA, NAWAJADIK COMPLEX, OLD G T ROAD, AURANGABAD, BIHAR THROUGH ITS MANAGING DIRECTOR SMT. GEETA SINGH, WIFE OF SHRI KAUSHAL KUMAR SINGH, RESIDENT OF NEW AREA, AURANGABAD, BIHAR. Versus 1. THE NATIONAL INSURANCE CO.LTD. HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, P.O.BOX NO. 9229, KOLKATA-700071 THROUGH ITS ZONAL MANAGER. 2. THE BARANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. BRANCH OFFICE – MAHARAJGANJ ROAD, NEW AREA, AURANGABAD, BIHAR. 3. THE IRCON INTERNATIONAL LTD., A GOVERNMENT OF INDIA UNDERTAKING HAVING ITS REGISTERED OFFICE AT PLOT No.4, DISTRICT CENTRE, SAKET, NEW DELHI-110 017, THROUGH ITS DIRECTOR (PROJECTS). 4. THE JOINT GENERAL MANAGER, IRCON INTERNATIONAL LTD. 1ST FLOOR, SONE BHAWAN, DARGOA PRASAD RAI PATH, PATNA. ----------- 06. 10.02.2010 Both the writ applications on behalf of the Company are for direction upon the respondent Insurance Company to make payments and honour the policy which the petitioner had taken with regard to certain roads which came to be constructed under the Pradhan Mantri Sarak Yojana. The work was assigned to the petitioner by what is known as IRCON International Limited, a Government of India Corporation. - 2 - The Court is not delving into the details of the dispute in light of the matter that the Court is not inclined to entertain the writ applications and decide the issue under Article 226 of the Constitution of India. The claim of the petitioner has been repudiated by the Insurance Company vide communication dated 30.4.2009 which is Annexure-F to the counter affidavit. The reason for repudiation is that the so-called claim made by the petitioner for damages relates to a period prior to the period of construction before the policy came into play which was from 13.9.2007 to 30.9.2007. These are matters which can very well be agitated before the competent court of jurisdiction. If the petitioner is not satisfied with the orders of repudiation he has freedom to approach the Consumer Court in this regard. The two writ applications are dismissed with liberty as above. rkp (Ajay Kumar Tripathi,J.)