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2021 Supreme(Guj) 595

R.M.CHHAYA, BIREN VAISHNAV
GAURAV V GIANANI – Appellant
Versus
ORIENTAL INSURANCE COMPANY LTD – Respondent


Advocates Appeared:
For The Appellant : MR VISHWAS K SHAH, MS MOHINI K SHAH
For The Respondent: MR VIBHUTI NANAVATI, MS DHARMISHTA RAVAL

ORDER :

BIREN VAISHNAV, J.

1. This Appeal under Clause 15 of the Letters Patent arises out of an Oral Order dated 24.6.2019 passed by the learned Single Judge in Special Civil Application No.13678 of 2012, whereby, the Petition filed by the original petitioners has been dismissed.

2. The Petition was filed praying inter-alia as under:

    “A. Your Lordships may be pleased to issue a writ of certiorari or any other writ, order or direction declaring that the commission rate prescribed under the Head of Individual Mediclaim Policies issued by the respondent no.1 Company reducing / altering the acquisition cost/rates of commission in respect of the Individual Health segment as beyond its power, unreasonable and arbitrary and this violative of Articles 14 and 21 of the Constitution and quashing and setting aside the same.

B. Your Lordships may be pleased to issue a writ of mandamus commanding the respondent authorities to pay and continue to pay licensed agents commission at the prevailing rate prior to the issue or circular dated 23.07.2012, as has been paid hitherto without exercising any cut

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