WPMS/1170/2021
2021 Latest Caselaw 2373 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 12TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1170 of 2021
BETWEEN:

Ram Dular Singh                        ...Petitioner
     (By Mr. S.S. Yadav, Advocate)

AND:

General Manager Bharti Axa Life
Insurance Company Ltd. & others        ...Respondents


                       JUDGMENT

1. By means of this writ petition, petitioner has sought following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1, 2 and 3 to return back the already deposited instalments in the favour of the petitioner within a month completing all the formalities for surrender of the policy by the petitioner.

(ii) Issue a writ, order of direction in the nature of mandamus directing the respondent no. 1 to enquire the matter from the office of respondent no. 2 and 3 and ensure the payment to the petitioner which has been already deposited by the petitioner in the instalments.

2. Learned counsel for the petitioner confines his prayer and submits that petitioner may be permitted to make fresh representation to respondent no. 1 and respondent no. 1 be directed to take decision on such representation.

3. In such view of the matter, the writ petition is disposed of with liberty to the petitioner to make fresh representation to respondent no. 1 within two weeks from today. If such representation is made within stipulated time, respondent no. 1 shall consider the same and take appropriate decision, in accordance with law, within a period of six months from the date of receipt of such representation along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal