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2006 Supreme(Kar) 992

H.V.G.RAMESH
HUCHAPPA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Sri MallikaIjun C. Basareddy,Sumangala A. Swamy

ORDER

In this writ petition, the petitioners have sought to declare Clause 4 of the Insurance Policy as unconstitutional and ultra vires and further, to declare that the condition to undergo Medical Test for getting the revival or renewal of the policy as null and void and to issue writ of mandamus or any other direction directing the respondents 2-and 3 not to forfeit the premium amount paid by the discontinued policyholders and to treat the said amount as fixed deposit till the maturity period and further to issue writ of mandamus to direct the respondent-Corporation to deposit all such alleged forfeited amount in anyone of the scheduled bank or in the alternative, to treat the said amount as the deposit of the policyholders payable at the time of maturity of the policy along with the reasonable interest and for such other reliefs.

2. Heard the learned Counsel for the petitioners and the learned Counsel for the respondent.

3. The petitioners are said to be the policyholders under the respondent 2 and the policy is being issued by the respondent 3-Branch. The petitioner 1 is shown to have obtained policy on the assured sum of Rs. 50,000/- for a maturity period of 20 years. As per
















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