Mahesh Vadnagra And Anr vs Union Of India And Ors
2025 Latest Caselaw 3551 Cal/2

Calcutta High Court

Mahesh Vadnagra And Anr vs Union Of India And Ors on 18 December, 2025

                                            1




OD - 7
                           IN THE HIGH COURT AT CALCUTTA
                               Constitutional Writ Jurisdiction

                                     ORIGINAL SIDE



                                   IA NO. GA/1/2025
                                    WPO/181/2025
                               MAHESH VADNAGRA AND ANR.
                                           Vs
                                UNION OF INDIA AND ORS.

BEFORE :
THE HON'BLE JUSTICE OM NARAYAN RAI
Date : 18th December, 2025
                                                                              Appearance :
                                                                Mr. Jai Kumar Surana, Adv.
                                                                 Mr. Abhimonyu Roy, Adv.
                                                                           ...for petitioner.

                                                           Mr. Kumar Jyoti Tiwari, Sr. Adv.
                                                                  Mr. Sukanta Ghosh, Adv.
                                                                          ...for respondent.

The Court : GA/1/2025 is an application seeking restoration and/or re-

impositon of the interim order dated March 19, 2025 passed in WPO/181/2025. The

said interim order expired on April 21, 2025. It is noticed that the present application

has been filed only on December 9, 2025.

Mr. Tiwari, learned Senior Advocate for the petitioners, submits that the very

legal basis on which the interim order was passed now no longer remains intact. He

invites attention of this Court to a judgment passed by an Hon'ble Three Judge Bench of

the Hon'ble Supreme Court in the case of Life Insurance Corporation of India Vs. VITA

(decided on December 14, 2025) and submits that by the said judgment the earlier

judgment of the Hon'ble Supreme Court in the case of Suhas H. Prophale Vs. Oriental

Insurance Company Limited and its Estate Officer reported at (2014) 4 SCC 657 has been

overruled. It is further submitted that it will be apparent from the order dated March

19, 2024 that the said judgment in the case of Suhas H. Prophale (supra) formed the sheet

anchor of the petitioner's case. It is submitted that since the judgment has been

overruled, the interim passed earlier should not be re-imposed in the changed legal

scenario.

In such view of the matter, let affidavit in opposition to the present application

being GA/1/2025 be filed within two weeks after reopening of this Court after the

ensuing Christmas Vacation; reply thereto, if any, be filed within a week thereafter. List

this matter for further consideration immediately after expiry of the time fixed for

exchange of affidavits.

(OM NARAYAN RAI, J.)

sd/