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2023 (6) TMI 779 - SUPREME COURTBribe - Adoption of illegal means by the appellant in obtaining business of international re-insurance cover of another firm on yearly brokerage/commission - HELD THAT:- There was no occasion for interfering with the order of the IRDA by the Tribunal. It is a fact that the order of the Tribunal is in the nature of a remand order and this order in effect has only directed a fresh inquiry. Appellant had argued that so far as his client’s complaint is concerned, they had discharged their onus by raising sufficient suspicion as regards the deal between the respondent no.5 and the appellant. But, it is found that barring the fact that the appellant had been given the brokerage contract, there is no other cogent material which would warrant a detailed investigation. The Tribunal has, exfacie, gone wrong in observing that the respondent no.5 had relied on documentary evidence in support of the complaint. The fact finding body has already come to its conclusion on lack of evidence. In the given circumstances, we do not find any useful purpose that would be served in subjecting the appellant or their contract with Jagson to another round of inquiry. In the order under appeal, the Tribunal has observed that the complaint showed that the appellant had relied on documentary evidence in support of the contention that Jagdish Gupta had sought bribe and was bribed by the officers of Marsh for diverting their re-insurance business - no such document found from which such a conclusion could be reached. The order of the IRDA passed on 9th January 2018 is sustained - appeal allowed.
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