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2018 Supreme(SC) 1119

SUPREME COURT OF INDIA
MADAN B. LOKUR, DEEPAK GUPTA, JJ.
S.RAJASEEKARAN - Petitioner
Versus
UNION OF INDIA & ORS - Respondent
Writ Petition(s)(Civil) No(s). 295 of 2012
Decided on : 12-07-2018

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Gaurav Agarwal, Adv. (AC) Mr. Krishna Kumar, AOR
For the Respondent: Ms. Pinky Anand, ASG, Mr. R. Bala, Adv. Mr. G.S. Makker, AOR. Mr. S.S. Ray, Adv. Ms. Snidha Mehra, Adv. Ms. Kirti Dua, Adv. Mr. Hemant Arya, Adv. Ms. Prerna Mehta, Adv. Mr. Parmanand Gaur, Adv. Mr. Guntur Prabhakar, Adv. Ms. Prerna Singh, Adv. Mr. Shuvodeep Roy, Adv. Mr. Sayooj Mohandash, Adv. Mr. Gopal Singh, Adv. Mr. Manish Kumar, Adv. Mr. A.N.S. Nadkarni, Sr. Adv. Ms. Ruchira Gupta, Adv. Mr. S.S. Rebello, Adv. Mr. Anurag Sharma, Adv. Mr. Bhaskar Chhikara, Adv. Ms. Hemantika Wahi, Adv. Ms. Jesal Wahi, Adv. Ms. Puja Singh, Adv. Ms. Mamta Singh, Adv. Ms. Shodhika Sharma, Adv. Ms. Vishakha, Adv. Mr. Samar Vijay Singh, Adv. Ms. Monika Gosain, Adv. Mr. Ashish Chouhan, Adv. Mr. M. Shoeb Alam, Adv. Mr. Tapesh Kumar Singh, Adv. Mr. Mohd. Waquas, Adv. Mr. Aditya Pratap Singh, Adv. Mr. G. Prakash, Adv. Ms. Priyanka Prakash, Adv. Ms. Swarupama Chaturvedi, Adv. Mr. Nishant R. Katneshwarkar, Adv. Mr. Ranjan Mukherjee, Adv. Mr. Daniel Stone Lyngdoh, Adv. Mr. K.V. Kharlyngdoh, Adv. Mr. Sunny Choudhary, Adv. Mr. Pragyan Sharma, Adv. Mrs. K. Enatoli Sema, Adv. Mr. Amit Kr. Singh, Adv. Mr. Karan Bharihoke, Adv. Ms. Navkiran Balay, Adv. Mr. S. S. Shamshery, AAGMr. Amit Sharma, Adv. Mr. Sandeep Singh, Adv. Mr. Ankit Raj, Adv. Ms. Indira Bhakar, Adv. Ms. Ruchi Kohli, Adv. Ms. Aruna Mathur, Adv. Mr. Avneesh Arputham, Adv. Ms. Anuradha Arputham, Adv. For M/s Arputham Aruna & Co. Mr. S. Udaya Kumar Sagar, Adv. Mr. Mrityunjai Singh, Adv. Mr. Gopal Singh, Adv. Mr. Rituraj Biswas, Adv. Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Harsh Hiroo Gursahani, Adv. Mr. Amit Verma, Adv. Mr. Bhupesh Naurla, Adv. Mr. K.V. Jagdishvaran, Adv. Ms. G. Indira, AOR Mr. V. G. Pragasam, Adv. Mr. S. Prabu Ramasubramanian, Adv. Mr. S. Manuraj, Adv.

The court managed the procedural timeline for compliance with its directions and ensured the participation of necessary regulatory and insurance authorities through the issuance of notices.

Headnote:(A) Procedural Order - Compliance with directions - Monitoring of reports - Issuance of notices to insurance and regulatory bodies.

(B) Scheduling of matters - Court granted time for compliance by non-compliant states and listed reports for subsequent consideration.

Facts of the case:
The court was reviewing reports pertaining to the implementation of certain directions. It was observed that some states had not yet complied with the directions mentioned in one of the reports.

Findings of Court:
The court noted the submission that a committee would address the non-compliant states and requested a two-month period to ensure compliance.

Issues: Whether the reports could be considered on the current date and whether notices needed to be issued to the relevant insurance and regulatory authorities.

Ratio Decidendi: The court determined that a timeframe was necessary for states to achieve compliance before the report could be considered and directed the issuance of notices to the appropriate bodies to ensure their presence.

Result: Reports listed for future dates; notices issued.

Legal Category Hierarchy

  • practice and procedure
    • compliance monitoring
    • court orders
      • listing of cases
      • issue of notice
      • acceptance of notice
    • service of process

ORDER :

Report No.15

We have gone through Report No.15. Certain compliance have not been made by some of the States.

The learned Amicus says that the matter will be taken up by the Committee with the States that have not yet complied with the directions. He submits that it will take about two months time for compliance.

List the report for consideration on 18th September, 2018.

Report No.16

List the report for consideration on 20th July, 2018.

Report No.17

Issue notice returnable on 20th July, 2018.

Ms. Prerna Mehta, learned counsel accepts notice on behalf of General Insurance Council and Mr. G.S. Makker, learned counsel accepts notice on behalf of the Union of India.

The learned Amicus says that he will serve Insurance Regulatory and Development Authority of India

Dasti, in addition.

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