Nawal Kishore Mandal v. The Life Insurance Corporation Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3251 of 2017 ====================================================== Nawal Kishore Mandal, son of Late Bengali Mandal, resident of 404, Kanti Palace (Near Shastri Nagar Post Office) Off Bailey Road, P.O.- L.B.S. Nagar, P.S.- Shastri Nagar, District- Patna.

.... .... Petitioner/s

Versus

1. The Life Insurance Corporation of India, Central Office, 'Yogakshema' Jeevan Bima Marg, Mumbai- 400021, through its Chairman.

2. The Zonal Manager, Life Insurance Corporation of India, East Central Zonal Office, Jeevan Deep Exhibition Road, Patna 800001.

3. The Senior Divisional Manager, Life Insurance Corporation of India, Patna Divisional Office No.1, Jeevan Prakash, Frazer Road, Patna 800001.

4. The Senior Divisional Manager, Life Insurance Corporation of India, Patna Divisional Office No.2, 4th Floor, Jeevan Ganga, Frazer Road, Patna 800001.

5. The Manager, Legal and Housing Property Finance, Life Insurance Corporation of India, Patna Divisional Office No.1, Jeevan Prakash, Frazer Road, Patna 800001.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvan Kumar For the Respondent/s : Mr. Sanjay Kumar No.1 Dr. Pranav Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2018 The petitioner had earlier filed a writ petition bearing CWJC No. 6504 of 2013, inter alia praying therein to pay transfer grant to the petitioner herein along with compound interest. It appears that during the interregnum period the transfer grant has been paid to the petitioner herein, however, no interest was paid inasmuch as there was no order for paying of the interest in the earlier writ petition i.e. CWJC No. 6504 of 2013. Now, by way of the present writ petition, the sole

Patna High Court CWJC No.3251 of 2017 (3) dt.10-04-2018 2/2 prayer of the petitioner is for grant of interest on the amount of transfer grant paid to the petitioner herein. The learned counsel for the respondents submits that the present writ petition is barred by the principles of res judicata and constructive res judicata inasmuch as though the petitioner had made a prayer for grant of interest in the earlier writ petition, the same was not granted by this Hon'ble Court. For the reasons mentioned herein above, there is no merit in the present writ petition. The same is dismissed. (Mohit Kumar Shah, J) BTiwary/- U