T.Parthiban v. the Manager
Case brief
What is this about?
Petitioner filed a writ petition to direct insurance claim settlement by insurer and closure of bank loan account. The Court dismissed the writ petition as factual assertions were controverted.
What did the court decide?
The writ petition is dismissed. Liberty to file a complaint before the jurisdictional consumer forum directed to dispose it within eight months.
What the court decided
W.P.(MD)No.600 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2020 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.600 of 2020
T.Parthipan
... Petitioner
Vs. 1.The Manager, SBI General Insurance Company Ltd., 1st Floor, Sindhya Commercial Complex, No.332/2, Sundaram Nagar, 1st Street, Medical College Road, Thanjavur, Thanjavur District.
2.The Chief Manager, State Bank of India, Pattukkottai Branch, 95/104, Thalayari Street, Pattukkottai, Thanjavur District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to take speedy steps to settle the insurance claim amount to the petitioner as per policy in number 0000000009081248 for Rs.11,00,000/- as limit of indemnity in respect of damages caused due to Kaja Cyclone on 16.11.2018 to his factory namely Deepan Cement Works at 211/1, Thanda Velalar Street, Thamarankottai Post, Pattukkottai Taluk, Thanjavur District and also direct the 2nd respondent to close the petitioner's Mudra Loan Account in No.37680617967 by adjusting said insurance claim amount.
For Petitioner : Mr.R.Gowrishankar For Respondents : Mr.G.Kalyana Jhabakh For M/s.Surana & Surana for R1 Mr.C.Karthik for R2
Issues for consideration
1 issue framed by the court
Whether this Court can grant relief in writ proceedings when counter affidavits controvert factual assertions made by the petitioner.
Parties & counsel
- petitioner
T. Parthipan
- respondent
The Manager, SBI General Insurance Company Ltd.
- respondent
The Chief Manager, State Bank of India
Coram
Case details
As recorded by the court registry
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