IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12405 of 2006 Sanjay Kumar Datta, S/o-Late Bhupendra Chandra Datta, R/o- Mohalla -Surkhikal (Khanjarpur), P.S.-Kotwali (Barari), District-Bhagalpur. …..Petitioner. Versus 1. The Oriental Insurance Company Ltd., through its Chairman Cum Managing Director, “Oriental House”, Post Bag No. 7037, A-25/27, Asaf Ali Road, New Delhi-2. 2. The Regional Manager, The Oriental Insurance Company Ltd., Regional Office, Patna, at –Rajendra Road, Pirmuhani, P.S.- Kadamkuan, District-Patna-3. 3. The Divisional Manager, The Oriental Insurance Company Ltd., Divisional Office, Bhagalpur, at-“Megh Malhar” building, R.B.S.S.S. Road, P.O.-Head Post Office, P.S. Kotwali, District- Bhagalpur-1. 4. Sweeti Datta, W/o-Late Rajeev Ranjan Datta, C/o-Suvidha Tent House, R/o-Mohalla-Surkhikal (Khanjarpur), P.S.-Kotwali (Barari), District-Bhagalpur. ……Respondents. ----------- 06. 15.04.2009 The petitioner is nominee of a Janta Insurance Policy taken out by his brother from the Oriental Insurance Company Ltd. The brother of the petitioner died sometime in the year 2005. Petitioner being nominee, filed claim. The claim has been rejected on the ground that the Janta Insurance Policy itself as a whole all over the country stood cancelled in 2001. This was duly communicated to all concerned by advertisements in Newspapers. Petitioner submits that the decision to terminate the policy was not communicated to him. On the face of it, it is an absurd submission inasmuch as petitioner being nominee in 2001, - 2 - he had no privity of contract and was not a part of the policy. Nothing had to be communicated to him. Petitioner then relies on so-called advertisement supplied by the Insurance Company along with the counter-affidavit. A reference to that advertisement would clearly show that advertisement itself mentions that all such policies had already been cancelled and those persons who had not yet taken refund of unutilized proportionate premium should do so immediately. Thus, this is not the first advertisement. This advertisement was only reminder to the policy holders to take appropriate action. The policy itself having been cancelled all over India in 2001 itself, the right to cancel and the decision to cancel having been upheld by this Court in the case of Tirhut Dugdh Utpadak Sahkari Sangh Limited & Anr. Vs. The Oriental Insurance Co. Ltd. & Anr. since reported in PLJR 2008 (4) 189, I find no merit in the writ application, it is accordingly dismissed. Vikash/- (Navaniti Prasad Singh, J.)