The High Court of Rajasthan dismissed a writ petition maintaining that private bank and insurance companies are not amenable to writ jurisdiction, rejecting the plea to recover loan through insurance policy instead of coercive measures.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 7635/2019
----Petitioners
Versus
----Respondents For Petitioner(s) : Mr. Avinash Sharma For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
17/07/2019
By way of the present petition, petitioners have approached this Court, with averments that the husband of petitioner No.1 had obtained a ‘Loan-secure Policy’, in which Induslnd Bank was
(2 of 2) [CW-7635/2019]
nominee, from which a vehicle loan was taken by her husband, before he unfortunately passed away on 18.11.2018.
The petitioners’ grievance is that the respondent No.3 Induslnd Bank Ltd. is taking coercive measures for recovery of loan amount, instead of recovering the same from Cholamandalam General Insurance Company Ltd, as per the terms of the policy.
In the considered opinion of this Court, no writ, as prayed by the petitioners, can be issued to respondent No.3 and 4, who are private Bank and Insurance Company respectively and not amenable to writ jurisdiction of this Court.
The writ petition is thus dismissed, as not maintainable.
The Stay Petition No.7486/2019 also stands dismissed.
Needless to observe that the petitioners shall be free to take any other appropriate remedy, available to them under the law.
(DINESH MEHTA),J
16-Ramesh/-
1 issue framed by the court
Whether a writ jurisdiction exists against private bank and insurance companies for recovery of loan amounts.
Smt. Pemi Devi W/o Late Shri Bhakar Ram
Ashok Kadwasara S/o Bhakar Ram
Induslnd Bank Limited
Cholamandalam General Insurance Co. Ltd.
DINESH MEHTA
As recorded by the court registry
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