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2023 (6) TMI 779

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..... in obtaining business of international re-insurance cover of another firm, Jagson International Limited ("Jagson") on yearly brokerage/commission. The first respondent had such business with Jagson for the years between 2002-2012. 2. By the impugned order, the Tribunal has directed the IRDA, in effect, to revisit the complaint made by the respondent no.1 and pass a fresh order. Substance of the complaint made by the first respondent, also an Insurance and Re-insurance Brokerage entity was that the appellant had paid bribe to one Mr. Jagdish Gupta ("respondent no.5"), the Chairman of Jagson for obtaining the brokerage contract. Jagson is involved in the business of oil exploration and such insurance is mainly with regard to its exploration .....

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..... d of on 19th September 2017 with a direction on the IRDA to consider the complaint of M/s. Atkins Special Risk Limited by following due process; preferably within a period of four weeks from the date of receipt of copy of the Order. In the ensuing hearing, IRDA disposed of the complaint finding lack of any evidence substantiating the complaint. In its order passed on 9th January 2018, P.J. Joseph, Member (Non-Life) of IRDA who heard the complaint recorded that it was established that no proof of evidence had been brought in by the representative of the first respondent to prove his allegations and the authority could not further proceed with the complaint. 5. The Insurance Regulator i.e., IRDA, represented by Mr. Arvind Datar, learned seni .....

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..... investigation as such investigation was directed by an order of the High Court, particulars of which we have given earlier. So far as jurisdiction or power of IRDA is concerned, we accept the submission of Mr. Murthy that it is of wide amplitude. 10. But, on going through the materials made available before us at the time of hearing, we are of the opinion 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. Mr. Murthy 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 .....

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