Kerala High Court
Sunithakumari.V vs Branch Manager on 3 October, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:73614
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 33859 OF 2024
PETITIONER(S):
SUNITHAKUMARI.V
AGED 53 YEARS
PROPRIETOR,'THIRUVITHANCORE FOOD PRODUCTS',
KEDAKULAM , ELAKAMON PO, VARKALA,THIRUVANANTHAPURAM DT,
PIN - 695 310.
BY ADV R.ANILKUMAR
RESPONDENT(S):
1 BRANCH MANAGER
UCO BANK, XX/352,MAIDANAM VARKALA, TEMPLE ROAD,
THIRUVANANTHAPURAM, PIN - 695 141.
2 ZONAL MANAGER
UCO BANK, RAVIPURAM ,ERNAKULAM, PIN - 682 035.
3 STATION OFFICER
FIRE &RESCUE STATION, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 141.
BY ADV. DEEPAK JOY, STANDING COUNSEL.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33859 OF 2024 2
2024:KER:73614
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 33859 of 2024
-------------------------
Dated this the 3rd day of October, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
a) to issue writ of mandamus or other
appropriate writ, direction or order to 1st
&2nd respondent to compensate petitioner for
the loss sustained to petitioner's property and
business premises at Thiruvithancore Food
products, Elakamon on 04-06-2020 to the
extent of about Rs 50/-lakh and only after
settling the claim the SERFAESI proceedings
can be initiated against property in Re SY
No247/5E to the extent of2.4 Ares and Re Sy
No247/5A to the extent of 2Ares30 sq feet of
Ayiroor village holding it is due the negligence
of not remitting Insurance instalment petitioner
is unable to realise compensation.
b) to issue such other direction or order which
deem fit for the facts and circumstances of the
case to quash Ext P9 and P9 A Notice No.
UCO/Varkala/REC/2023-24 dated 12.04.2024
holding that possession notice is unsustainable
and property maybe released from attachments.
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2. As per the averments in the writ petition, the petitioner had
obtained four loans from the respondent Bank for his business
purpose. According to the petitioner, the petitioner was
remitting the installments in respect of the loans advanced to him
regularly. However, fire was caused in the business premises of
the petitioner and it resulted in huge damages and the entire
business got collapsed.
3. It is stated that the insurance premium was due on
01.06.2020. however, the Bank did not remit the said premium of
the insurance for which the loans were advanced to the
petitioner. The total damage to the business premises of the
petitioner was more than Rs. 50,00,000/-. But, because of the non
payment of the insurance premium by the Bank, the petitioner
could not claim the insurance. It is further submitted that the
Bank has started the recovery proceedings and, therefore, the
Bank should be directed to compensate the petitioner as the
Bank has failed to remit the insurance premium for which the
loans were advanced to the petitioner.
4. This Court in exercise of its powers under Article 226 of the
Constitution of India cannot adjudicate the dispute regarding
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non-payment of insurance premium by the Bank as alleged in this
writ petition. If the petitioner has any claim against the Bank, the
petitioner should take recourse to appropriate proceedings.
However, the public law remedy for such civil liability/claim could
not be available to the petitioner.
5. In view thereof, I am of the considered view that the writ
petition for the reliefs sought for in it is not maintainable and,
therefore, the same is hereby disposed of with liberty to the
petitioner to take recourse to any other remedy as may be
available to her under the law for the reliefs sought for in the writ
petition.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
2024:KER:73614
APPENDIX OF WP(C) 33859/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF LICENCE NO
A6/4564 IN THE NAME OF PETITIONER TO
THE BUILDING NOEPIII 4564 DATED 27-10 -
2020 BY ELAKAMON GRAMA PANCHAYAT.
Exhibit P2 THE TRUE PHOTO COPY OF STATEMENT
ACCOUNT NO 180206101100165 DATED 31ST
JULY 2024.
Exhibit P3 THE TRUE PHOTOCOPY OF STATEMENT OF
ACCOUNT NO18020610114 DATED 31ST JULY
2024.
Exhibit P4 THE TRUE PHOTOCOPY OF STATEMENT OF
ACCOUNT NO.18020610094952/AS ON 31ST
JULY 2024.
Exhibit P5 THE TRUE PHOTO COPY OF THE STATEMENT OF
ACCOUNT NO1802061014897 ISSUED ON31-07-
2024.
Exhibit P6 THE TRUE PHOTOCOPY OF REPORT NO102/2020
DATED 04-06-2020.
Exhibit P7 THE TRUE PHOTO COPY OF THE LETTER NO A2
NOA2/2663/19/EIT DATED15-06-2020.
Exhibit P8 THE TRUE PHOTOCOPY OF REPRESENTATION
FORWARDED TO THE 2ND RESPONDENT ON 22-
08-2022.
Exhibit P9 THE TRUE PHOTO COPY OF THE NOTICE UNDER
SECTION 13 (2) OF THE SERFASI ACT NO.
UCO/VARKALA/REC/23-24 DATED 20.1.2024.
Exhibit 9A THE TRUE PHOTO COPY OF POSSESSION
NOTICE DATED 12.04.2024.
