SAPNA CHOUDHARY Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:-

(2.) Shri Vijay Purohit, learned counsel appearing for AU Small Finance Bank (A.U. Bank) submitted that the borrower Shri Radhe Shyam Choudhary took loan of Rs.42,00,000.00 on 11/3/2021 for his business in the name of M/s Swami Motors. In order to secure the business loan, the residential plot situated in Pratapgarh belonging to the borrower admeasuring 331.33 Sq. yards was mortgaged with the A.U. Bank. Amidst Covid-19, Shri Radhe Shyam Choudhary passed away on 14/5/2021. The wife and Smt. Sapna Choudhary insisted that the outstanding loan amount may be recovered from the life insurance policy claimed to be received by them upon death of Shri Radhe Shyam Choudhary from Future General Life Insurance as the premium against the policy was deposited by Late Shri Radhe Shyam Choudhary.

(3.) Learned counsel submitted that as a matter of fact, the life insurance policy remain inactive as the borrower Shri Radhe Shyam Choudhary never appeared for medical examination. Be that as it may, he submitted that Smt. Sheetal Choudhary has already filed a case against the insurance company before the Consumer Court which is pending adjudication.