Reeta Padhan v. Regional Manager,L.I.C. Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC NO.7339 OF 2019 Reeta Padhan ....

Petitioner Mr.M.K.Dash, Adv.

-versus- ....

Opposite Parties Mr.P.R.Barik, Adv.

Regional Manager, LIC of India & ors.

CORAM:

JUSTICE BISWANATH RATH

ORDER

7.1.2022 Order No.

13.

1.

Heard learned counsel for the Parties.

2.

Considering the submission made, the order of this Court dated 4.1.2022 stands recalled and the following order is passed :- "1.

The Writ Petition involves the following prayer :- "That the petitioner therefore prays that this Hon'ble Court may graciously be pleased to admit this writ petition, issue notice to opposite parties by considering the facts and grounds stated above may direct the opposite parties to release the L.I.C. money in favour of the petitioner forthwith."

2.

Based on the pleading, Mr.M.K.Dash, learned counsel for the Petitioner contended that there is no scope for restricting the payment under the Policy involved in the prayer portion of the Writ Petition.

// 2 // 3.

In his opposition, Mr.P.R.Barik, learned counsel for the LIC of India referring to the plea taken in the counter particularly keeping in view the response in Paragraph-5 therein contended that so far as Policy No.592390136 is concerned, there is no issue involving release of the benefit in favour of the Petitioner, as the Petitioner is already shown to be the Nominee and he undertook on behalf of his Clients to release the amount by working it out within one month. So far as Policy No.592391914 is concerned, Mr.Barik raised certain objection in entertainability of the claim of the Petitioner inasmuch as there is still some compliances required to be worked out by the Petitioner. There is no dispute to the same.

4.

Keeping this in view and as this Court finds, there is some technical difficulty in working out the claim of the Petitioner, so far it relates to Policy No. 592390136, this Court disposes of the Writ Petition recording the undertaking of the O.Ps. and so far as Policy No.592391914 is concerned, directs the Petitioner to appear before the Manager (Legal and HPF) in the Office of the LIC of India, Sambalpur Divisional Office, Sambalpur to take instruction on the requirement of the Establishment within a period of two weeks along with copy of this order. Based on the supply of information and requirement sought for by the Insurance Company, it may be open to the Petitioner to comply with the same and/or submit his response. Based on such development,

// 3 // the LIC is directed to consider the request of the Petitioner, so far as Policy No. 592391914 is concerned by working it about completely within a further period of one month."

3.

Issue urgent certified copy.

(Biswanath Rath) Judge M.K.Rout