LIFE INSURANCE CORPORATION OF INDIA Vs. TUSAR KANTI NAYAK

JUDGEMENT

(1.) THIS appeal is directed against the order dated 24.5.2005 passed by Rayagada District Forum in C.D. Case No. 94 of 2004 requiring the appellant to revive policy No. 570150427 on charging nominal interest.

(2.) THIS case was listed for orders on 30.9.2005 to call for the records from the District Forum. On that day Mr. Padhy appearing for the respondent submitted that since he had come from Rayagada he may be heard on merits of the case. Mr. Mohanty, Counsel for the appellant stated that the matter had been listed for orders and he was not prepared to argue the matter on merit. Mr. Padhy also submitted that he would not be in a position to come on the next date of hearing because of the long distance he had to cover to come to Cuttack. We accordingly heard him on the merit of the case and adjourned the case for further hearing to today.

(3.) MR . Mohanty, Counsel for the appellant submitted that the order of the District Forum is not tenable in view of condition No. 3 of the policy.