Rajasthan High Court - Jodhpur
Vikash Sharma vs Au Small Finance Bank Limited ... on 4 July, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:28970] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9704/2025
1. Vikash Sharma S/o Prem Singh Sharma, Aged About 36 Years, R/o Ward No. 1, Near Bus Stand, Peepera, Bikaner.
2. Suman Devi W/o Late Prem Singh Sharma, Aged About 54 Years, R/o Ward No. 1, Near Bus Stand, Peepera, Bikaner.
----Petitioners Versus
1. Au Small Finance Bank Limited, (Erstwhile Au Finance (India) Limited) Having Its Office At 19A, Dhuleshwar Garden, Ajmer Road, Jaipur-302001.
2. Care Health Insurance Limited, (Erstwhile Religare Health Insurance Co. Ltd.) Through Branch Manager, Fifth Floor, 19 Chawla House, Nehru Palace, New Delhi.
----Respondents For Petitioner(s) : Mr. Devendra Singh Rathore For Respondent(s) : Mr. Vijay Purohit JUSTICE DINESH MEHTA Order 04/07/2025
1. The petitioners before this Court are the son and wife of the deceased Prem Singh Sharma, who was the original borrower, to whom the respondent no.1 had advanced the loan. While executing the loan agreement, simultaneously a tripartite group insurance policy was also obtained so as to ensure convenient recovery of the amount in case of some untoward incident.
2. The petitioners have approached this Court with the grievance that they are legal representatives of the original borrower and they have deposited Rs. 14 lakhs and in case, the respondent no.2 disburses the amount in furtherance of the insurance policy, the substantial amount of bank's dues shall be recovered.
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[2025:RJ-JD:28970] (2 of 2) [CW-9704/2025]
3. While informing that the respondent no.1 is having a tie-up with the respondent no.2 - Insurance Company, learned counsel submitted that unless the respondent no.1 pursues the petitioners' claim, the respondent no.2 shall not disburse the amount and the outstanding amount towards the loan will, on the one hand keep swelling and on the other hand, the burden of interest which otherwise should be borne by the respondent no.2 would shift to the petitioners.
4. The present writ petition is disposed of with a direction to the respondent no.2 to process the insurance claim with simultaneous direction to the petitioner no.1 to persuade the respondent no.2 to process petitioners' claim in light of the insurance policy.
5. It shall be required of the respondent no.2 to process petitioners' claim and disburse the amount if the case of the insured namely 'Prem Singh Sharma' is covered by the terms of the insurance policy. Needful be done within a period of one month from today.
6. It shall be required of the petitioners to supply relevant documents relating to the treatment of the deceased Prem Singh Sharma and death certificate and other documents required for processing the claim to the respondent no.1, within a period of one week from today.
7. Stay application also stands disposed of, accordingly.
(DINESH MEHTA),J 488-Mak/-
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