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may 1960

Supreme Court of India · 1960-05-04

THE VANGUARD FIRE AND GENERALINSURANCE CO. LTD., MADRAS vs M/S. FRASER AND ROSS AND ANOTHER.

Citation / case number
SC 1960/5
Court
Supreme Court of India
Petitioner
THE VANGUARD FIRE AND GENERALINSURANCE CO. LTD., MADRAS
Respondent
M/S. FRASER AND ROSS AND ANOTHER.
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the term 'insurer' in Section 33 of the Insurance Act, 1938 encompasses entities that have ceased operations, affirming that the Central Government retains jurisdiction to investigate such companies. The Court clarified that Section 2D applies to insurers who have closed all classes of business, and the phrase 'not otherwise provided for' pertains to all claims against the insurer. The Court ruled that the order for investigation was valid despite the company's closure, as it did not need to explicitly state the unsatisfied liabilities on its face.

THE VANGUARD FIRE AND GENERALINSURANCE CO. LTD., MADRAS vs M/S. FRASER AND ROSS AND ANOTHER. · Niyam