KAMALA KANTA SHARMA Vs. ZONAL OFFICE LIFE INSURANCE

JUDGEMENT

(1.) Heard Shri J.I. Borbhuiya, the learned counsel for the petitioner. Also heard Shri P. Bhowmick, the learned counsel for respondent Nos. 1 to 4, Shri S. C. Keyal, the learned counsel for respondent No. 5Nagarik Samabay Bank Ltd. and Shri P. P. Das, the learned counsel for respondent No. 6 Ombudsman office of the Insurance at Guwahati.

(2.) The facts as projected in the writ petition can be put in a nutshell as follows:

(3.) The petitioner is a retired government servant. The petitioner had obtained a LIC Policy bearing No.481630296 for an amount of Rs.50,000 and the maturity date was 27.06.2010. In the year 2006, the petitioner had purchased certain Articles from one Ms Fintronics (respondent No.7 later on impleaded) on installment basis and as a mortgage, the insurance policy in question was offered. It is the case of the petitioner that at that time certain signatures of the petitioner were kept in blank unfilled papers. Upon making all the repayments, when the petitioner had asked back the policy, the same was not returned to him constraining him to lodge an FIR in the Paltan Bazar Police Station and the same was registered as being Paltan Bazar P.S. 6822009 under Sections 120B420 IPC. In the course of the investigation, the policy was recovered from the respondent No.5bank and on such recovery, the petitioner had filed an application for zimma of the policy.