Allahabad High Court
SHIVDASI DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is disposed, permitting the petitioner to approach the Permanent Lok Adalat for pendente lite interest, subject to the condition that no order be passed without hearing the respondent insurance company.
Summary
The petitioner, Shivdasi Devi, filed a writ petition seeking relief, presumably related to a claim for pendente lite interest against the State of U.P. and an insurance company. The petitioner’s counsel argued that she should be allowed to file an application before a Permanent Lok Adalat to claim such interest. The respondent‑insurance company contended that any application should not result in an order unless the company is heard. The court, after hearing both sides, granted the petitioner liberty to approach the Permanent Lok Adalat for the pendente lite interest claim, but stipulated that no order may be passed without giving the insurance company an opportunity to be heard. Accordingly, the writ petition was disposed of with the above directions.
Issues considered
- Whether the petitioner may file an application before a Permanent Lok Adalat for pendente lite interest
- Whether an order can be passed without hearing the respondent‑insurance company
Subjects
- writ petition
- pendente lite interest
- Permanent Lok Adalat
- hearing
- order
- insurance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39781 of 2026
Shivdasi Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kusum Lata, Udai Pratap Singh
Counsel for Respondent(s) : C.S.C., Vipul Kumar
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Ms. Kusum Lata, learned counsel for petitioner and Sri Vipul
Kumar, learned counsel for respondent-insurance company.
2. Learned counsel for petitioner, after arguing for some time, fairly
submits that petitioner may be permitted to file an application before
Permanent Lok Adalat to raise claim of pendente lite interest.
3. Learned counsel for respondent-insurance company submits that in
such any such application is filed, it may be observed that no order be
passed without hearing insurance company.
4. In view of above, this writ petition is disposed of with liberty aforesaid
and further observation that in case any such application is filed, no order
can be passed without hearing respondent-insurance company.
(Saurabh Shyam Shamshery,J.)
September 30, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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