Chairman vs Santilata Satapathy
2023 Latest Caselaw 12506 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.A. No.1519 of 2022

Chairman, Life Insurance               .....                            Appellants
Corporation of India Ltd. & Others
                                                     Mr. S.P. Misra, Sr. Advocate
                                             along with Mr.Prakash Ranjan Barik,
                                                                         Advocate
                                       Vs.
Santilata Satapathy                    .....                          Respondent
                                              Mr. Anand Jena, Advocate on behalf
                                                   of Mr. Bigyan Kumar Sharma,
                                                                       Advocate
              CORAM:
                  ACTING CHIEF JUSTICE DR. B.R. SARANGI
                  MR. JUSTICE MURAHARI SRI RAMAN

                                           ORDER

12.10.2023

Order No. This matter is taken up by hybrid mode.

03.

2. Mr. S.P. Misra, learned Senior Counsel appearing for the Appellants contended that learned Single Judge has committed an error while disposing of W.P.(C) No.7294 of 2016 vide order dated 20.10.2022 by misinterpreting section 45 of the Insurance Act, 1938. Learned Single Judge has committed an error by holding that the repudiation is beyond the time allowed and accordingly, quashed the same. He further contended that amended provision of Section 45 of the said act came into force vide Act 5 of 15 with effect from 26.12.2014. Therefore, the amended act has no application to the present case.

3. Issue notice to the Respondent.

4. Mr. Bigyan Kumar Sharma, learned counsel has entered appearance on behalf of the Respondent.

5. Let a copy of the writ appeal serve on him within three working days in order to enable him to obtain instruction or file reply.

6. List this matter on 08.11.2023.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

Order No. I.A. No.3584 of 2022

04. 1. Heard.

2. As an interim measure, it is directed that the judgment dated 20.10.2022 passed in W.P.(C) No.7294 of 2016 shall not be given effect to till 08.11.2023.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

Aswini

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 12-Oct-2023 15:48:49