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Madras High CourtWP/23000/2024disposed of with direction

S.Monish v. The Insurance Regulatorty And

2024-08-16Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.25127 of 2024 S.Monish ... Petitioner Vs.

1.The Insurance Regulatory and Development Authority of India, Sy.No.115/1, Financial District, Nankramguda, Gachibowli, Hyderabad-600 032.

2.The Authorized Officer, The Aditya Birla Health Insurance Company Limited (Aditya Birla Capital), 7th Floor, Modi Business Centre, Kasarvadavali, Thane (w)-400 615.

3.The General Manager, Reserve Bank of India, Kamarajar Salai, Chennai-600 001.

4.The Authorized Officer, The Aditya Birla Health Insurance Company Limited, New No.73, Old No.1 M Block, Chennai-600 040.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of CertiorarifiedMandamus, to call for the records relating to the order passed by the second respondent in his rejection order dated 30.04.2024 communicated through email and quash the same and consequentially direct the second respondent to process the reimbursement claim amount of Rs.4,27,230.21 to the petitioner. For Petitioner :

Mr.N.Stalin

O R D E R

This Writ Petition has been filed challenging the order passed by the second respondent dated 30.04.2024 rejecting the reimbursement claim made by the petitioner and for a consequential direction to the second respondent to process the reimbursement claim amount of Rs.4,27,230.21 to the petitioner.

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that against the impugned order dated 30.04.2024, there is an effective alternative remedy before the Ombudsman

and therefore, this Court may grant liberty to the petitioner to approach the Ombudsman.

3. In view of the submission made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned order dated 30.04.2024, grants liberty to the petitioner to approach the Ombudsman, since there is an effective remedy available before the Ombudsman.

4. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 16.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Insurance Regulatory and Development Authority of India, Sy.No.115/1, Financial District, Nankramguda, Gachibowli, Hyderabad-600 032.

2.The Authorized Officer, The Aditya Birla Health Insurance Company Limited (Aditya Birla Capital), 7th Floor, Modi Business Centre, Kasarvadavali, Thane (w)-400 615.

3.The General Manager, Reserve Bank of India, Kamarajar Salai, Chennai-600 001.

4.The Authorized Officer, The Aditya Birla Health Insurance Company Limited, New No.73, Old No.1 M Block, Chennai-600 040.

M.DHANDAPANI, J.

ssb 16.08.2024