Extracted from the PDF above. The PDF is authoritative.
APHC010007402025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 611/2025 Between: Pearl Fruits ...PETITIONER AND The Authorized Officer ...RESPONDENT Counsel for the Petitioner:
1. NALLURI RAMESH BABU Counsel for the Respondent:
1. The Court made the following:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 611/2025
ORDER:
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent herein in not considering the representation of the petitioner dated 23.10.2024 and transferring the insurance amount into the loan account without the consent of the petitioner as illegal, arbitrary and unconstitutional and consequently direct the respondent to release the stock insurance amount of Rs.14,62,998/- sanctioned and deposited in the account No.106733000000003 and pass such other order.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.
3. Learned counsel for the petitioner submits that the petitioner availed the loan of Rs.1,21,50,000/-. The petitioner has insured the stock of business vide insurance policy No.2125/72217859/00/000 with Universal Sompo General Insurance. Due to heavy floods, the petitioner’s business stock was damaged. Hence, the insurance company had sanctioned an amount of Rs.14,62,998/- to the petitioner as insurance claim and the same was deposited in the petitioner’s business account bearing number 106733000000003. The petitioner made several requests to the respondent bank to permit him to withdraw the insurance amount
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deposited in his account. But the respondent bank is postponing the same on one pretext or the other. The petitioner also issued a letter dated 23.10.2024 through registered post. But the respondent bank not released the amount and stated that they deposited the insurance amount in the petitioner’s loan account without consent of the petitioner. Hence, the present Writ Petition.
4. Learned Standing counsel for the respondent submits that the respondent bank will consider the letter dated 23.10.2024 submitted by the petitioner, within a short period.
5. Having regard to the submissions made by both the
learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondent to consider the letter dated 23.10.2024 and pass appropriate orders after providing opportunity of hearing to the petitioner, within a period of three(3) weeks from the date of receipt of copy of this Order.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
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VENKATESWARLU NIMMAGADDA, J 10.01.2025 TTPPSS
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 611/2025
10.01.2025 TTPPSS