Dismissed

Karanam Sirisha v. Insurance Regulatory Development Authority

Andhra Pradesh HC22 Nov 2022WP/26730/2021

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed implead petitions filed by an assignee and Bank of Baroda seeking attachment of life insurance proceeds payable on the death of the policyholder. The court held that Section 60(kB) of the CPC bars attachment of such moneys in proceedings before this court.

What did the court decide?

Applications for leave to implead petitioners in the writ petition seeking attachment of insurance proceeds were dismissed.

Sl.No

DATE

ORDER

Office
Note

22.11.2022

RRR, J
I.A.Nos.1 & 2 of 2022

As the grounds raised in these implead
petitions are the same, these implead petitions are
being disposed of by this common order.

2. The main writ petition has been filed by
the wife of the deceased policy holder claiming a
share in the sum assured that is to be paid on
account of the death of the policy holder.
3. The implead petitioner in I.A.No.1 of 2022
has filed the present application contending that he
is owed about Rs.5,86,00,000/- by the deceased
policy holder and that he had filed O.S.No.48 of
2022 in the Court of the X Additional Chief Judge,
City Civil Court, Hyderabad, against the writ
petitioner as well as respondents 7 and 8 in the writ
petition claiming the aforesaid amount of money
along with interest at the rate of 21 % per annum
from the date of the suit.
4. The petitioner seeks to implead himself in
the present case on the ground that he should be

allowed to participate in the hearing of the writ petition for ensuring that the apportionment of the
insurance policy amounts of the deceased policy
holder in favour of the suit claim of the implead petitioner in O.S.No.48 of 2022.
5. Similarly, the Bank of Baroda, the implead petitioner in I.A.No.2 of 2022, seeks to implead itself on the ground that the deceased policy holder owes
an amount of Rs.20,23,38,018/- for which
O.A.No.230 of 2022 has already been filed before
the Debt Recovery Tribunal and seeks to implead
itself for recovery of the amounts due to the implead petitioner, out of the proceeds of the policies which have become payable on account of the death of the policy holder. 6. Heard Sri A.S.C. Bose, learned counsel for
the implead petitioner in I.A.No.1 of 2022 and Sri
Satyanarayana Dhara, learned counsel for the
implead petitioner in I.A.No.2 of 2022. 7. The sum and substance of the contentions
of both the implead petitioners is that they have initiated litigations to recover the moneys owed by
the deceased policy holder and that the sum
assured, which is to be paid to the nominees of the
policy holder, should be diverted to the implead petitioners towards redemption of the amounts said to be due to them. In effect, the implead petitioners

allowed to participate in the hearing of the writ
petition for ensuring that the apportionment of the

insurance policy amounts of the deceased policy

holder in favour of the suit claim of the implead
petitioner in O.S.No.48 of 2022.

5. Similarly, the Bank of Baroda, the implead
petitioner in I.A.No.2 of 2022, seeks to implead itself
on the ground that the deceased policy holder owes

an
amount
of
Rs.20,23,38,018/-
for
which

O.A.No.230 of 2022 has already been filed before

the Debt Recovery Tribunal and seeks to implead

itself for recovery of the amounts due to the implead
petitioner, out of the proceeds of the policies which
have become payable on account of the death of the
policy holder.
6. Heard Sri A.S.C. Bose, learned counsel for

the implead petitioner in I.A.No.1 of 2022 and Sri

Satyanarayana Dhara, learned counsel for the

implead petitioner in I.A.No.2 of 2022.
7. The sum and substance of the contentions

of both the implead petitioners is that they have
initiated litigations to recover the moneys owed by

the deceased policy holder and that the sum

assured, which is to be paid to the nominees of the

policy holder, should be diverted to the implead
petitioners towards redemption of the amounts said
to be due to them. In effect, the implead petitioners

are seeking attachment of the sum assur	ed under
the policies till they are able to obtain d	ecrees in
relation to the claims made by them.
8. Section 60 (kb) of the Code	of Civil
Procedure has placed a legal bar against att or sale of “all moneys payable under a insurance on the life of the judgment-debtor 9. In the light of this specific question of permitting the implead petiti implead themselves, for the purpose of the said amounts payable on account of the the police holder, would not arise. 10. The rejection of these implead would not mean that the petitioners cannot against the amounts payable under the	achment policy of ”. bar, the oners to attaching death of petitions proceed policies,
however, that would have to be by proceedings outside the present writ procee 12. Consequently, these applicat dismissed.	way of dings. ions are
__ Js.	_______ RRR, J

are seeking attachment of the sum assur

ed under

the policies till they are able to obtain d

ecrees in

relation to the claims made by them.

8. Section 60 (kb) of the Code

of Civil

Procedure has placed a legal bar against att
or sale of “all moneys payable under a
insurance on the life of the judgment-debtor
9. In the light of this specific
question of permitting the implead petiti
implead themselves, for the purpose of
the said amounts payable on account of the
the police holder, would not arise.
10. The rejection of these implead
would not mean that the petitioners cannot
against the amounts payable under the

achment
policy of
”.
bar, the
oners to
attaching
death of
petitions
proceed
policies,

however, that would have to be by
proceedings outside the present writ procee
12. Consequently, these applicat
dismissed.

way of
dings.
ions are

__

Js.

_______
RRR, J

Karanam Sirisha v. Insurance Regulatory Development Authority

Case brief

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What did the court decide?

Karanam Sirisha v. Insurance Regulatory Development Authority

Case brief

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What did the court decide?

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