← Library
Madras High CourtWP(MD)/3999/2019dismissed

Canara Bank, v. M/S.The New India Assurance

2024-11-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.3092 of 2019 Canara Bank, Represented through its Chief Manager.

... Petitioner /Vs./ 1.M/s.The New India Assurance Company Ltd., No.3, First Floor, Main Road, Dindigul-1, Rep.By its Senior Divisional Manager.

2.M.R.S.Balaji ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 11/02/2019 issued by the 1st respondent and quash the same and consequently direct the 1st respondent to pay the insurance claim amount to the 2nd respondent with the account No.1006261005186 maintained with the petitioner's bank. 1/4

For Petitioner : Mr.R.AnandhaRaj For Respondents : Mr.G.Prabhu Rajadurai (R1) Mr.H.Arumugam (R2)

ORDER

This writ petition has been filed challenging the order dated 11.02.2019 passed by the 1st respondent with consequential direction to the first respondent to pay the insurance claim amount to the 2nd respondent with Account No.1006261005186 maintained with the petitioner's bank.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. When the matter is taken up for hearing, the learned counsel appearing for the first respondent submitted that even before filing of this writ petition, the insurance amount was paid by the first respondent in favour of the second respondent.

2/4

4. In view of the above, the order dated 11.02.2019 passed by the first respondent is not suffered from any infirmity. This writ petition is lack of merits and is liable to be dismissed. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to take appropriate action as against the second respondent for recovery of the loan amount. No costs. Consequently, connected miscellaneous petition is closed.

28.11.2024 Index : Yes / No NCC : Yes / No Sm 3/4

G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

28.11.2024 4/4