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2011 Supreme(Pat) 1222

SUDHIR KUMAR KATRIAR, AMARESH KUMAR LAL
Life Insurance Corporatio of India – Appellant
Versus
Jay Kumar Pandey – Respondent


Advocates:
For the Appellants : M/s Umesh Prasad, Rajiv Ranjan Prasad, Anjani Kumar Singh.
For the Respondents: Mr. Jitendra Prasad Singh.

S. K. KATRIAR, J.:–The two appeals under clause 10 of the Letters Patent of the High Court of Judicature of Patna arise out of a common order dated 13.5.2010, passed by a learned Single Judge of this Court, whereby CWJC No.6847 of 2010 (Jai Kumar Pandey Vs. Life Insurance Corporation of India), and CWJC No.6873 of 2010 (Pushpa Pandey Vs. Life Insurance Corporation of India) have been allowed, and the separate orders passed by the appellate Corporation terminating the agency of the two writ petitioners on common ground have been set aside. CWJC No.6847 of 2010 has given rise to LPA No.1068 of 2010, and CWJC No.6873 of 2010 has given rise to LPA No.1111 of 2010.

2. LPA No. 1068 of 2010

We shall first deal with LPA No.1068 of 2010. A brief statement of facts essential for the disposal of the appeal may be indicated. The appellant had appointed the respondent as an agent within the meaning of Life Insurance Corporation of India (Agents) Regulations 1972 (hereinafter referred to as ‘the Regulations’), read with the Insurance Act 1938, way back in 1990. It is alleged that on 18.4.2004, in the evening, the respondent herein along with his brother Dinesh Pandey (husband of the respondent in


































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