Paresh Kumar Chutia @ Poresh Kumar ... vs The Insurance Ombudsman And Anr
2024 Latest Caselaw 5384 Gua

Gauhati High Court

Paresh Kumar Chutia @ Poresh Kumar ... vs The Insurance Ombudsman And Anr on 31 July, 2024

                                                                        Page No.# 1/4

GAHC010147652024




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Civil)/2205/2024

            PARESH KUMAR CHUTIA @ PORESH KUMAR CHUTIA @ PORESH CHUTIA
            S/O LATE KAMAL KANTA CHUTIA @ KAMAL CHUTIA,
            RESIDENT OF VILLAGE SONAPUR NAMGHAR ROAD, DULIAJAN PO AND
            PS DULIAJAN, DIST DIBRUGARH, ASSAM 786602



            VERSUS

            THE INSURANCE OMBUDSMAN AND ANR
            (STATES OF ASSAM, MEGHALAYA, MANIPUR MIZORAM, ARUNACHAL
            PRADESH, NAGALAND AND TRIPURA) JEEVAN NIVESH, 5TH FLOOR,
            NEAR PAN BAZAR, OVER BRIDGE, S.S ROAD, GUWAHATI 01

            2:THE KOTAK MAHINDRA LIFE INSURANCE COMPANY
             REPRESENTED BY THE BRANCH MANAGER
             KOTAK MAHINDRA LIFE INSURANCE COMPANY CITY TOWER
             H.S ROAD
             DIBRUGARH
            ASSAM 78600

Advocate for the Petitioner   : MD. S ALOM, MR S J SHAMIM,MR. M S ALAM,MS. A BEGUM

Advocate for the Respondent : MR S DAS,




             Linked Case : WP(C)/1679/2024

            PARESH KUMAR CHUTIA @ PORESH KUMAR CHUTIA @ PORESH CHUTIA
            S/O LATE KAMAL KANTA CHUTIA @ KAMAL CHUTIA
                                                                          Page No.# 2/4

           RESIDENT OF VILLAGE SONAPUR NAMGHAR ROAD
           DULIAJAN PO AND PS DULIAJAN
           DIST DIBRUGARH
           ASSAM 786602


           VERSUS

           THE INSURANCE OMBUDSMAN AND ANR
           (STATES OF ASSAM
            MEGHALAYA
            MANIPUR MIZORAM
            ARUNACHAL PRADESH
            NAGALAND AND TRIPURA) JEEVAN NIVESH
            5TH FLOOR
            NEAR PAN BAZAR
            OVER BRIDGE
            S.S ROAD
            GUWAHATI 01

           2:THE KOTAK MAHINDRA LIFE INSURANCE COMPANY
           REPRESENTED BY THE BRANCH MANAGER
            KOTAK MAHINDRA LIFE INSURANCE COMPANY CITY TOWER
            H.S ROAD
            DIBRUGARH
           ASSAM 786001
            ------------
           Advocate for : MD. S ALOM
           Advocate for : MR S DAS (R-2) appearing for THE INSURANCE OMBUDSMAN
           AND ANR




                                      BEFORE
                HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
                                      ORDER

31.07.2024

Heard Mr. M.S. Alam, learned counsel for the applicant/petitioner. None appears for the respondents when the matter is called.

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This is an application filed for modification of the Judgment and Order dated 18.07.2024 passed by this Court in WP(C) No. 1679/2024.

It is the specific case of the applicant that though this Court while passing the Judgment and Order dated 18.07.2024 in the open Court clearly provided that the Insurance Company shall reconsider the request of the applicant/petitioner for surrendering the subject insurance policy within a period of one month. However, the said period has been inadvertently left out in the body of the final Judgment and Order.

Accordingly, the instant application has been filed for adding the one month time period within which the respondent No. 2/Insurance Company shall reconsider the subject request of the applicant, as provided in para 13 the aforesaid Judgment and Order.

Heard the applicant and perused the materials available on record.

It appears that 'the period of one month' has been inadvertently left out in the body of the Judgment and Order dated 18.07.2024, which was dictated in open Court in presence of both the parties, in the writ petition.

Accordingly, in the interest of justice, it is provided that in paragraph 13 of the Judgment and Order dated 18.07.2024 in WP(C) No. 1679/2024, the words 'within a period of one month from the date of receipt of the certified copy of this order' be added at the end after the word 'humanitarian approach'.

The Interlocutory Application stands disposed of.

Accordingly, this order shall be considered to be apart of the earlier Order dated 18.07.2024 passed by this Court.

JUDGE Page No.# 4/4

Comparing Assistant