Prashant Pathak v. Life Insurance Corpn.Of Indiaand

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2393 of 2008 =========================================================== Prashant Pathak, S/o Sharat Chand Pathak, resident of Brahman Toli, Near Gola Road, Durgasthan, P.S. - District Muzaffarpur .... .... Petitioner

Versus

1. Life Insurance Corporation of India through Divisional Manager, Muzaffarpur Division Office, "Jeevan Prakash", Umashankar Pd. Marg, Muzaffarpur.

2. The Zonal Manager, Eastern Zone, Life Insurance Corporation of India, Hindustan Building, Chitranjan Avenue, Kolkata.

3. The Branch Manager, L.I.C. of India, Branch Office-2, Jubba Sahani Park, Muzaffarpur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sourendra Pandey Mr. Rajesh Kumar Mishra, Advocates For the Respondents : Mr. Om Prakash, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-07-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondent- Life Insurance Corporation of India.

2. The present writ petition has been filed for a direction commanding the respondent authorities to show cause as to why the impugned letter dated 19.08.2006 be not quashed, whereby the respondents have issued a direction not to pay renewal commission to agents who have left the LIC and working for other insurer and to recover dues outstanding against them.

3. The detailed facts involved and submissions made on behalf of the petitioner need not be gone into, in view of the

Patna High Court CWJC No.2393 of 2008 dt.02-07-2018 2/2 supplementary counter affidavit filed on behalf of the respondent nos. 1 to 3 today. The claim of the petitioner has been accepted in principle and accordingly, a cheque bearing no. 854083 dated 03.05.2018 for Rs. 67,983/- drawn on Punjab National Bank, Muzaffarpur has been handed over by the respondent to learned counsel for the petitioner in Court today.

4. Learned counsel for the petitioner accepts the aforesaid cheque but however prays for liberty to file appropriate representation before the Branch Manager, L.I.C. of India, Branch Office-2, Jubba Sahani Park, Muzaffarpur (respondent no. 3) in case any dispute remains with regard to calculation of the amount paid by the respondents. In such event, the respondent no. 3 shall consider and dispose of the same in accordance with law.

5. The writ petition stands disposed of.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.07.2018 Transmission Date N.A.