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Supreme Court of India 2023-03-24 allowed

MARSH INDIA INSURANCE BROKERS PRIVATE LIMITED vs M/S ATKINS SPECIAL RISKS LTD. & ORS

Bench: 2 — Aniruddha Bose, Sudhanshu Dhulia

In Brief

Marsh India Insurance Brokers sought to quash a remand order issued by the Securities Appellate Tribunal directing the IRDA to reinvestigate complaints of bribery allegedly committed to obtain a reinsurance brokerage contract from Jagson International Limited. The IRDA had dismissed the original complaint by M/s. Atkins Special Risks Ltd for lack of substantiating evidence. The Supreme Court held that the Tribunal wrongly interfered with the IRDA's fact-finding. The materials presented—primarily emails and an alleged telephonic conversation—did not constitute cogent evidence warranting investigation. The Court set aside the Tribunal's order and upheld the IRDA's dismissal.

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Insurance Regulation Administrative Law Bribery and Corruption Regulatory Authority Jurisdiction Evidence

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