N Srinivasan v. The Institute Of Actuaries Of India And 2 ORS

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.1152 OF 2016 N. Srinivasan .... Petitioner V/s.

The Institute of Actuaries of India, Mumbai & Ors. .... Respondents Mr. Vishwajeet Sawant, a/w. Mr. Rahul Hakani and Ms. Niyati Hakani, for the Petitioner.

Mr. R.S. Apte, Senior Counsel, i/by Mr. Sushil M. Shukla, for the Respondents.

CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 16 TH JUNE, 2016.

P.C. :

1.

Having heard Mr. Sawant, learned advocate appearing for the Petitioner, and perusing Chapter IV of the Actuaries Act, 2006, particularly Sections 26 to 31 thereof, we are of the view that in writ jurisdiction, we should not interfere, when the inquiry against the Petitioner is in progress. 2.

In the event the Petitioner participates in the inquiry, it shall be taken as without prejudice to his rights and contentions, including on the procedural compliances to be made by the Institute. The participation shall also be without prejudice to his rights and contentions in relation to an order passed by this Court on 25th June 2015 in Writ Petition No.468 of 2014.

1/2 WPL-1152-16.doc

3.

Keeping open all such options and contentions of the Petitioner and clarifying that the inquiry against him is in progress, this is not a fit case to entertain in this writ jurisdiction. The Petition is dismissed. [DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2 WPL-1152-16.doc