Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2122/2017 OIL INDIA LTD. A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT DULIAJAN, IN THE DISTRICT OF DIBRUGARH, ASSAM, REPRESENTED BY ITS CHAIRMAN-CUM- MANAGING DIRECTOR. VERSUS THE UNION OF INDIA and 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF FINANCE, NEW DELHI. 2:THE ORIENTAL INSURANCE COMPANY LTD. HEAD OFFICE G-8 CHANDHARY DALIP SINGH MARG BLOCK-G HANZ KHAS NEW DELHI PIN-110016. 3:THE ORIENTAL INSURANCE COMPANY LTD. REGIONAL OFFICE GODREU BUILDING G.S. ROAD GUWAHATI DIST. KAMRUPM ASSAM PIN-781005. 4:THE ORIENTAL INSURANCE COMPANY LTD. BRANCH OFFICE DULIAJAN DIST. DIBRUGARH
Page No.# 2/4 ASSAM PIN-786602 Advocate for the Petitioner : MR.S CHOUDHURY, MR.S N SARMA,MS.P KHOUND,MR.K KALITA Advocate for the Respondent : MS.M CHOUDHURYR- 2,3and4, MR.S DUTTA(R- 2-,3&4),ASSTT.S.G.I.,MR.C SHARMA(R- 2,3&4),MS.N MODI(R- 2,3&4),MR.S DUTTA(R- 2,3&4),MR.N KALITA(R- 2,3&4)
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 21.07.2026 The instant petition under Article 226 of the Constitution of India has been filed by the Oil India Ltd. with the following reliefs:
“In the premises aforesaid, it is humbly prayed that Your Lordship's would be pleased to call for the records and upon hearing the parties upon the cause and or causes and on perusal of the records be pleased to grant the petitioner the following relief/ relief's :-
1. To issue a writ in the nature of Mandamus commanding the respondent authorities to settle the pending GPA and Marine claims from 2008-09 to 2015-16 within a specific time frame,
2. To issue a writ in the nature of Mandamus directing the respondent authorities to settle the pending GPA and Marine claims as per the mandate clauses of the Insurance Policies And/or pass such further order/ orders as Your Lordship may deem fit and proper in the facts and circumstances of the case.”
2. Bereft of details, as per the facts projected, the petitioner has been obtaining different insurance policies from the respondent nos. 2, 3 and 4, mainly, pertaining to Group Personal Accident (GPA), Marine Inland and Marine Cargo. Such policies are
Page No.# 3/4 being procured from the year 2008-2009 and accordingly, various claims were raised.
Though a part of the claims was settled, a major part was not settled and in this connection, the petitioner has projected the pending amount, both for GPA and Marine in the form of tables amounting to Rs. 1.86 crores approximately and Rs. 2.08 crores, respectively. Though several communications were made, no efforts were put by the aforesaid respondents to pay the amount leading to issuance of a notice dated 24.11.2016 in the form of show cause as to why the said respondents should not be debarred from further business with the Oil India Ltd. The said move had culminated in an actual debarment. Nonetheless, the contesting respondents had furnished a response on 14.12.2026 stating that the files and papers would be reconstructed and considered. However, as no further action was taken, the writ petition was instituted. 3. I have heard Shri K. Kalita, learned counsel for the petitioner. I have also heard Shri S. Dutta, learned Senior Counsel assisted by Shri S. Shome, learned counsel for the contesting respondent nos. 2, 3 and 4. 4. At the outset, Shri Dutta, learned Senior Counsel has submitted that though an affidavit-in-opposition has been filed on 04.09.2019, in spite of repeated reminders to get the updated instructions, no such instructions were forthcoming and accordingly, he has prayed for some more time. The said prayer, however, was declined by primarily on the aspect that the writ petition is pending since the year 2017. 5. Shri Kalita, learned counsel for the petitioner has fairly submitted that as a matter of fact, during the pendency of the writ petition, substantial number of claims has been settled and amounts paid. He has submitted that towards GPA, an amount of Rs.4,95,502/- and for marine claims, an amount of Rs.28,83,921/- have been paid. He has also submitted that subsequently also, vide a communication dated 14.02.2026, the petitioner has furnished all available documents for settlement of the pending
Page No.# 4/4 claims. 6.
Shri Dutta, learned Senior Counsel has submitted that the only reason of not being able to settle the policies was because of the fact that the relevant documents were not traceable. He has submitted that all efforts were done by reconstructing all the documents by taking aid from the petitioner and as a matter of fact, substantial amount has already been paid and the claims have been settled. 7. It appears that at the time of filing of the writ petition, the claim amount on both heads were huge one. However, as submitted, during the pendency of the writ petition substantial amount has been paid and presently a total amount of Rs.33,79,423/- appears to have been pending. 8. Considering the facts and circumstances and also the aspect that there does not appears to be serious objection to the claim raised by the petitioner-Oil India Ltd, the respondent nos.2, 3 and 4 are directed to settle the remaining claims expeditiously and in any event within a period of 4 months from the date of furnishing a certified copy of this order. Such settlement be done on the basis of the existing documents and in terms of the further copies of the documents which appears to have been provided by the petitioner vide letter dated 14.02.2026. 9. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant