UNITED INDIA INSURANCE CO LTD Vs. S SANGAPPA

JUDGEMENT

(1.) Learned Counsel for the petitioner has come up with this petition in view of the latest pronouncement of the apex Court in New India Assurance Co. Ltd. v. Asha Rani 1. 2002 (10) SC 162 = 2003 (1) An.W.R. 162 (S.C.) and others by which the decision rendered in Satpal Singh's case holds good no longer. The petitioner accordingly seeks modification of the order passed by this Court on 28-11-2002.

(2.) I am afraid, this Court would be committing a grave error instead of doing justice by allowing this petition. Law always changes and such a change is always prospective cannot be given any retrospective effect which leads to chaos. If the parties are aggrieved by the earlier order, it is always open for them to approach the apex Court by way of S.L.P. and get the order altered or modified by bringing it to the notice of the Court the change in the legal position. But, it is not for this Court to alter the same in view of the fact that the order is passed much prior to the Judgment of the apex Court.

(3.) In the instant case, the earlier order is dated 28-11-2002 whereas the judgment of the apex Court is dated 3-12-2002. Hence, I see no reason to modify the order passed by this Court on 28-11-2002 and the same holds good even today. However, in view of the fact that the time granted in the earlier order has already expired, I feel it expedient to grant four more weeks time from today and the petitioner shall comply with the order dated 28-11-2002 on or before 27-2-2003 failing which the said order stands vacated. On deposit of the amount as directed in the said order, however, the respondents/ claimants are permitted to withdraw the same after furnishing some third party security.