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Bombay High CourtWP/8201/2019disposedoff

Chirag S/O Bharat Sheth And Another v. The Union Of India Through Secretary, Minstry Of Finance, Dept. Of Financial Services And Others

2021-07-23Hon'Ble The Chief Justice,Hon'Ble Shri Justice A.S. Chandurkar2 pages

wp8201.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.8201/2019 Chirag S/o Bharat Sheth and another ..Versus..

The Union of India and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------------- - - - - Mr. Rohit Joshi, Advocate for the petitioners. Mr. Deoul Pathak, Advocate for respondent No.2. Mr. H.V. Thakur, Advocate for respondent Nos.3 to 6. CORAM : DIPANKAR DATTA, C.J. & A.S. CHANDURKAR, J.

DATE : JULY 23, 2021 1.

We have heard Mr. Joshi, learned Advocate for the petitioners, Mr. Thakur, learned Advocate for the Life Insurance Corporation of India and Mr. Pathak, learned Advocate for the Insurance Regulatory and Development Authority.

2.

The petitioners have denied receipt of the subject policy bonds, whereas the Corporation claims that the same were handed over to the petitioner by a manager. Since disputed questions of facts would require investigation and particularly in view of availability of an efficacious alternative remedy under the Insurance Ombudsman Rules, 2017, we are inclined to relegate the petitioners to such remedy.

3.

The writ petition dated 16th November, 2019 stands

wp8201.2019.odt disposed of, without costs. Liberty is given to the petitioners to approach the forum under the 2017 Rules. All contentions are left open.

4.

We record Mr. Thakur's statement that if the petitioners are desirous of obtaining duplicate policy bonds, the Corporation may be approached by the petitioners with such request whereupon such request would be considered by the Corporation as expeditiously as possible.

(A.S. CHANDURKAR, J.) (CHIEF JUSTICE) Tambaskar.