Sr. Divisional Manager vs Deepak Kumar Sahoo
2022 Latest Caselaw 5171 Ori

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                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.A. No.362 of 2015

            Sr. Divisional Manager, LIC of India, ....              Appellant
            Cuttack Divisional Office, Cuttack
                                        Mr. Jayant Kumar Rath, Sr. Advocate
                                        -versus-

            Deepak Kumar Sahoo                          ....           Respondent

                                                Mr.S. Nayak, Advocate for CBI
                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE CHITTARANJAN DASH

                                         ORDER

Order No. 27.09.2022

12. 1. Letters have repeatedly written by the Superintendent of Police/HoB, CBI, Bhubaneswar to this Court seeking leave of this Court to file the Final Report (Closure Report) in the Court of learned Special Judge, CBI Court No.1, Bhubaneswar in CBI, Bhubaneswar Branch Case No.RC0152015A0010.

2. It is seen that a direction issued by the learned Single Judge for the CBI to carry out investigation has been already complied with in the above manner. Consequently, no further directions required to be issued by this Court in appeal since what is sought to be filed is a Closure Report. The said direction worked itself out.

3. Permitting now the CBI to proceed in the matter to file the Closure Report as proposed and for the Court concerned thereof

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deal with it in accordance with law, the writ appeal is disposed of.

Later

4. On being mentioned, the above order is recalled.

5. It is unfortunate that the Appellant Life Insurance Corporation of India (LIC) has despite there being no stay of the impugned order of the learned Single Judge requiring it to make payment to the Respondent within 15 days of the date of the judgment, not made the payment till date. In other words, for the last seven years, the LIC has despite there being no interim order in its favour denied payment of a sum of Rs.10,00,000/- (Rupees ten lakh) to the Respondent to settle the death claim of the life assured.

6. The Court directs the LIC to first comply with the impugned order of the learned Single Judge straight away if it wants to be heard in this appeal. The payment will be made not later than 17th October, 2022 and such payment will be placed on record on the next date.

7. List on 2nd November, 2022.

(Dr. S. Muralidhar) Chief Justice

(Chittaranjan Dash) Judge

M. Panda and KC Bisoi