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Patna High CourtCWJC/6537/2013disposed

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

2016-04-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6537 of 2013 ====================================================== Nawal Kishore Mandal S/O Late Bengali Mandal R/O 404, Kanti Palace (Near Shastrinagar Post Office), Off Bailey Road, P.O.- L.B.S. Nagar, P.S.- Shastrinagar, District- Patna .... .... Petitioner

Versus

1. The Life Insurance Corporation Of India Central Office, 'Yogakshenma', Jeevan Bima Marg, Mumbai - 400021 Through Its Chairman

2. The Chairman Life Insurance Corporation Of India, Central Office, 'Yogakshenma', Jeevan Bima Marg, Mumbai - 400021

3. The Zonal Manager Life Insurance Corporation Of India, East Central Zonal Office, Jeevan Deep, Exhibition Road, Patna-800001

4. The Senior Divisional Manager Life Insurance Corporation Of India, Patna Divisional Office No. 1, Jeevan Prakash, Frazer Road, Patna-800001

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

6. 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 : Mr. Shanti Pratap, Advocate.

Mr. Arvind Kumar Verma, Advocate.

For the Respondents : Mr. Rajeev Ranjan Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2016 Heard learned counsel for the petitioner and counsel for the L.I.C.

In this case, the grievance has been raised by the petitioner that he has taken loan for the construction of his house. As per the petitioner, he has already paid all the outstanding dues against him, but the L.I.C. has wrongly deducted amount of Rs. 25,980/- from the retiral benefit, whereas the counsel for L.I.C.

Patna High Court CWJC No.6537 of 2013 (4) dt.04-04-2016 2/2 submits that the deduction has been made in terms of the provision of law. There is no illegality in deducting the amount of Rs. 25,980/-.

The disputed question of fact cannot be resolved in the writ proceeding, let the matter be looked into by Senior Divisional Manager, Life Insurance Corporation of India, Patna Divisional Office No. 2, Jeevan Ganga, Fraser Road, Patna. For the convenience, let the petitioner would file a detailed representation before the Senior Divisional Manager, Life Insurance Corporation of India, Patna who will examine the matter, after giving proper opportunity of hearing to the petitioner and will take decision by passing a reasoned order.

Let the Senior Divisional Manager, Life Insurance Corporation of India, Patna decide the matter within three months from the date of filing of the representation by the petitioner. This application is, accordingly, disposed of. (Shivaji Pandey, J.) KKSINHA/- U