Full Order Text
Order 4 · 01 Dec 2025 · CNR DLET030012532025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Civ Suit 778/25 TANYA GUPTA AND ORS Vs. BAJAJ ALLIANZ INSURANCE COMPANY LIMITED AND ORS 01.12.2025 Present:- Mr. Vedant Chandel, Ld. Counsel for the plaintiff. Ms. Shivangi Gumber, Ld. Counsel for defendant no. 1 (through VC). None for defendant no. 2. Mr. Saleem Akhtar, Ld. Counsel for defendant no. 3. 1. Written statement alongwith a reply to the plaintiff’s application under Order XXXIX Rule 1 & 2 CPC has been filed on behalf of defendant no. 3. 2. Ld. Counsel for the plaintiff submits that plaintiff no. 1 is the lawfully wedded wife of Late Sh. Dheeraj Gupta, who passed away on 15.08.2025. He submits that defendant no. 1 is the insurance company with whom the deceased had an insurance policy. The defendant nos. 2 and 3 are the brothers-in-law of plaintiff no. 1. 3. The counsel submits the plaintiff no. 1 was originally the nominee in the insurance policy but, shortly before the death of her husband, the name of the nominee was changed through a mobile application. He argues that the plaintiffs are the class I legal heirs under the Hindu Succession Act and are therefore, solely entitled to the insurance proceeds of Late Sh. Dheeraj Gupta. He contends that defendant no. 1, in one of its letters issued in October, indicated that it would disburse the policy amount in favour of defendant no. 2 and thus, an interim Cont.. -- 1 of 2 -- -2- injunction has been sought restraining the defendant no. 1 from making any disbursement during the pendency of the suit. 4. Ld. Counsel for defendant no. 3 submits that this court lacks pecuniary jurisdiction to entertain the present suit, as the plaintiff must value the suit on the amount of the sum insured and pay the appropriate court fees thereupon. 5. Ld. Counsel for defendant no. 1 submits that defendant no. 1 intends to file an application under Section 47 (3) of the Insurance Act for depositing the amount in the court. 6. I have heard the submissions and perused the record. The plaintiff’s application under Order XXXIX Rule 1 & 2 CPC has been examined. The interim reliefs sought therein are not aligned with the final reliefs claimed in the plaint. The plaintiff is therefore at liberty to file a fresh application under Order XXXIX Rule 1 & 2 CPC with an advance copy to other side. 7. The defendant no. 1 is also at liberty to file an application under Section 47 (3) of the Insurance Act for depositing the policy amount in the court. 8. List the matter for purpose fixed on the date already fixed i.e. 08.01.2026. (AYUSH SHARMA) CIVIL JUDGE/EAST KKD COURTS/01.12.2025 -- 2 of 2 --