The Hon'ble High Court dismissed the second writ petition filed by Renu Singh as not maintainable, noting that a previous petition on the same cause of action had already been dismissed. The court clarified that a review application remains open.
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Court No. - 50
Case :- WRIT - C No. - 10808 of 2020
Petitioner :- Renu Singh Respondent :- Life Insurance Corporation And 2 Others Counsel for Petitioner :- Ram Chandra Maurya Counsel for Respondent :- Arvind Kumar Goswami
Hon'ble Manoj Misra,J. Hon'ble Piyush Agrawal,J.
This petition seeks quashing of the order dated 19.7.2019 by which insurance claim of the petitioner was rejected on the ground that the policy had lapsed on non-payment of premium.
Sri Arvind Kumar Goswami, learned counsel for respondents - 1 and 2, has raised a preliminary objection as regards maintainability of this petition by bringing it to the notice of the Court that previous petition filed by the petitioner i.e. Writ C No. 32857 of 2019 with the same prayer, was dismissed vide order dated 17.10.2019 and, therefore, second writ petition, in respect of same cause of action, is not maintainable.
Learned counsel for the petitioner states that previous writ petition was dismissed on the ground that the petitioner could not produce document or receipt showing deposit of premium.
Be that as it may, a second writ petition on the same cause of action is not maintainable though it may be open to the petitioner to apply for review of the previous order, if so advised.
Accordingly, this second writ petition is dismissed as not maintainable, without prejudice to the right of the petitioner to file review, if so advised.
Order Date :- 7.7.2020 Rahul Dwivedi/-
Renu Singh
Life Insurance Corporation
Manoj Misra
Piyush Agrawal
As recorded by the court registry
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