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2026 DAILYLAW 24929 (KAR)

MR. DENZIL D CUNHA v. SENIOR DIVISIONAL MANAGER LIC OF INDIA

WP/22364/2022 · 2026-06-22

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30667 WP No. 22364 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22364 OF 2022 (GM-RES) BETWEEN: MR. DENZIL D CUNHA S/O I.R.D CUNHA AGED ABOUT 67 YEARS RESIDING AT NO. 7081 PRESTIGE ROYALE GARDE, AVALAHALLI DODDABALLAPUR-YELAHANKA MAIN ROAD BANGALORE - 560 064. …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. SENIOR DIVISIONAL MANAGER LIC OF INDIA, DIVISIONAL OFFICE - II INDIRANAGAR, BANGALORE - 560 038. 2. LIFE INSURANCE CORPORATION OF INDIA FRAZER TOWN BRANCH 86/3, 86/4 COLES ROAD BANGALORE - 560 042 REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. SAMEER SHARMA, ADVOCATE FOR R1 AND R2) THIS WP IS FILLED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH FINAL Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30667 WP No. 22364 of 2022 ORDER DATED 07.04.2022 PASSED BY THE DISCIPLINARY AUTHORITY OF RESPONDENT, VIDE ANNX-'A' AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who claims to be an agent of the respondent- Insurance company is before this Court being aggrieved by the order at Annexure-A in terms of which, the authority has terminated his agency with forfeiture of renewal commission with immediate effect. 2. Learned counsel for the respondents files a memo along with following documents: a. Copy of the Order dated 18.12.2025 passed by this Court in WP.No.22317/2022, which was earlier tagged to be heard along with the captioned matter. b. Copy of the order dated 15.02.2023 passed by the Appellate Authority under the provisions of the LIC of India (Agents) Regulations, 2017, in respect of the appellant therein. c. Copy of the LIC of India (Agents) Regulations, 2017. 3. Referring to document No.3 namely the LIC of India (Agents) Regulations, 2017 and Regulation No.20 therein, he submits that the order impugned in this petition is appealable - 3 - HC-KAR NC: 2026:KHC:30667 WP No. 22364 of 2022 before the Zonal Manager of the concerned Corporation and since there is an alternate statutory remedy provided, petitioner be relegated to avail the said remedy. He further submits that one Mrs.Daisy D Chunha, the wife of the petitioner herein was also issued with similar identical order had approached this Court and this Court in W.P.No.22317/2022 by order dated 18.12.2025 disposed of the said writ petition directing to avail the remedy provided under the regulation. He also submits that pursuant to the said order, the said Mrs.Daisy D Chunha has even filed an appeal, which has also resulted in confirmation of the order impugned therein. 4. Learned counsel for the petitioner submits that his case is slightly different from the one which was there earlier as there is an allegation of fraud being made to the petitioner and fraud vitiates everything. Therefore, the writ petition is maintainable. However, he does not dispute Regulation No. 20 providing for filing of an appeal. 5. Heard and perused the record. - 4 - HC-KAR NC: 2026:KHC:30667 WP No. 22364 of 2022 6. LIC of India (Agents) Regulations, 2017 clause 20 reads as under: "20. Appeals. (1) Every agent shall have a right of appeal to the Zonal Manager concerned of the Corporation against an order terminating the appointment and or forfeiture of renewal commission or suspending him from procurement of new business under regulation 15 or regulation 16 or regulation 18 or sub-regulation (2) of regulation 19. (2) Every person submitting an appeal shall file the appeal in his own name. (3) The appeal shall be addressed to the authority to whom the appeal lies and shall not contain any disrespectful or improper language and shall be complete in itself. (4) The appeal shall be submitted through the authority which made the order appealed against. (5) No appeal under this regulation shall be entertained unless it is submitted within a period of three months from the date on which the appellant receives a copy of the order appealed against: Provided that the Zonal Manager may entertain the appeal after the expiry of the said period, within a further period of three months, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time." 7. Though learned counsel for the petitioner does not dispute the matter with regard to his wife was dealt with in W.P.No.22317/2022 and appeal under Regulation 20, he seeks to contend that his matter involves element of fraud. Allegation of fraud cannot be gone into under Article 226 of the Constitution of India. - 5 - HC-KAR NC: 2026:KHC:30667 WP No. 22364 of 2022 8. Since the agency of the petitioner has been terminated with forfeiture of renewal commission by the impugned order in the light of the alternate and effective remedy being provided by way of an appeal as noted above, this Court passes the following: ORDER The writ petition disposed of. Liberty is reserved to the petitioner to avail remedy of appeal if so advised, within 30 days from the date of the receipt of certified copy of this order. If such appeal is filed within 30 days, the time consumed in this writ petition will be considered for condonation of delay. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 8