Heard Sri Srinivas Karra vs Whether The Appellant Company Is ...
2021 Latest Caselaw 3369 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.194 of 2019
                                     PROCEEDING SHEET
Sl.      Date                                  ORDER                                OFFICE
No.                                                                                  NOTE
8.    06.09.2021   MVR,J                                                            Tr. to I-
                                          I.A.No.1 of 2019                          O folder
                                                                                     before
                      Service against the respondents 1 and 2 is sufficient.        correcti

ons if None represented them. any.

Pl.verify Upon considering the reasons assigned in the affidavit .

filed in support of this petition that make out sufficient

cause, the delay of 73 days in filing the appeal memo is

condoned.

Accordingly, this petition is allowed.

______ MVR,J S.A.No.194 of 2019 Heard Sri Srinivas Karra, learned counsel for the

appellants.

Upon consideration of the decrees and judgments of the trial Court as well as the 1st appellate Court, since the following substantial questions of law arise for determination in the second appeal, ADMIT.

1. Whether the appellant company is duty bound to disburse the policy amounts to the nominee as per Section 39 of the Insurance Act unless it is prohibited by any order of the court?

2. Whether the appellant company can withheld the policy amounts without disbursing to the nominee, when there is a legal notice by rival claimants without any court orders/notices?

3. Whether the courts below are justified in directing the appellants to pay the amounts to the 1st respondent/plaintiff and then recover the same from the 2nd respondent/defendant No.1, when the entire amounts have been disbursed to the 2nd respondent/defendant No.1 under valid discharge?

Issue notice to the respondents. List the matter during the last week of October, 2021.

______ MVR,J I.A.No.2 of 2019

Heard.

There shall be interim stay of the decree dated 10.04.2012

in O.S.No.779 of 2008 on the file of the court of learned

Additional Junior Civil Judge, Nellore, confirmed in

A.S.No.175 of 2012 on the file of the Court of learned III

Additional District Judge, Nellore, until further orders.

Notice.

______ MVR,J Pab