Sukumar Mahapatra v. Punjab National Bank And ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 12881 OF 2021 SUKUMAR MAHAPATRA VS.

PUNJAB NATIONAL BANK & ORS.

MR. KAZI SAJJAD ALAM, ADVOCATE MS. AFSAN KHATUN, ADVOCATE MR. MAINUL THANDER, ADVOCATE ......for the Petitioner MR. ABHISHEK BANERJEE, ADVOCATE ......for the Respondent-Bank

1) The petitioner availed of a Krishi Loan under a TUESDAY Court : CB-07 Item : DL-36 Bench : SINGLE Matter : WPA Status : DO ID : 266057 AR : NANDY scheme and to ensure the said loan, petitioner also purchased an insurance policy and the Bank was instructed to pay the premium of the said insurance policy. But due to technical glitches, the Bank could not upload the premium to the Insurance Company Portal.

2) This incident led to the dispute which prompted the petitioner to approach this Court. The petitioner by drawing attention of this Court to an order dated 22.01.2024, passed by the Coordinate Bench in WPA 13388 of 2021, prays that similar order may be passed in the instant writ-petition.

3) Learned Advocate representing the Bank, submits that if a direction is passed in the same tune with the order 22.01.2024 passed by the Coordinate Bench, the Bank shall have no objection.

4) In view of such submissions made by the respective parties, this Court directs the respondent nos. 4 & 5/ the Insurance Company to open their portal to enable the Bank concerned to deposit the premium and the respondent Bank is directed to pay the installments and/or premiums of the policy forthwith

P a g e | 2 along with the arrears which have fallen due till date, at one go, within a fortnight from date.

5) Upon such payment being made, the Insurance Company shall regularize the policy of the petitioner and shall also honour the policy, as and when the situation will demand so.

6) Since there is no appearance on behalf of the Insurance Company, the petitioner as well as the Bank is directed to communicate this order to the respondent nos. 4 & 5 immediately.

7) With this order and observations, WPA 12881 of 2019 is disposed of.

(PARTHA SARATHI CHATTERJEE, J.)