IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5394 of 2010
1. RAM LAKHAN PRASAD (PROPRIETOR MAA KALI JWELLERS) S/O SRI
KAMESHWAR MAHTO R/O MOHALLA- JOROWACPUR, P.O.- PANCHAURI, P.S.-
DEEP NAGAR, DISTT.- NALANDA
Versus
1. BRANCH MANAGER, BANK OF INDIA, MOHALLA- RAMCHANDRAPUR, P.S.-
BIHARSHARIF, DISTT.- NALANDA
2. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY, RANCHI ROAD,
P.S.- BIHARSHARIF, DISTT.- NALANDA
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3/ 01/04/2011 It is the case of the petitioner that the shop
and the goods in respect of which he had taken the
loan from the Bank was insured with the respondent
Insurance Company. The insurance premium was to
be paid by the Bank after deduction from the loan
account of the petitioner.
An untoward incident took place causing loss
to the petitioner. He desires that in the proceedings
against him under the SARFAESI Act, the Bank
should adjust the outstandings with the insurance
amount payable for the untoward incident.
The counter affidavit filed by the Bank and
the Insurance Company is completely silent on this
aspect.
The Court requires the Bank and the
Insurance Company both to file separate affidavits
bringing on record the insurance policy. The counter
affidavit must specifically state the duration of the
policy, the premium amount and whether it was
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deposited by the Bank or whether the Bank was in
default.
The matter is passed over.
KC ( Navin Sinha, J.)