1 2025:CGHC:47210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4912 of 2025 • Vikas Masih S/o Pradeep Masih Aged About 39 Years R/o Brooks Compound Jarhagaon, District- Mungeli (C.G.) ... Petitioner(s) versus 1 -State Of Chhattisgarh Through Director Directorate Of Institutional Finance, Finance Department Government Of Chhattisgarh Indrawati Bhavan Naya Raipur (C.G.) 2 - Collector District - Bilaspur (C.G.) 3 - Bank Of Baroda Head Office Baroda Bhavan Rc Dutta Road Alkapuri Baroda - 390007 Gujarat Branch Office Mungeli Road Branch Bank Of Baroda Narmada Nagar- Mangla Chowk Mungeli Road Bilaspur (C.G.) 4 - India First Life Insurance Company Ltd. 301, B Wing The Qube Infinity Park Dindoshi Film City Road Malad (East) Mumbai, Maharashtra ... Respondent(s) ----------------------------------------------------------------------------------------- For Petitioner : Dr. Arpit Lall, Advocate. For Respondent-State : Ms. Akansha Verma, PL For Respondent No.3/Bank : Mr. Vinod Deshmukh, Advocate. ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 15.09.2025 2 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “10.1. That, this Hon'ble Court may kindly be please to issue suitable writ(S), order(S), direction(S) by setting aside the notice dated 06.07.2024 & 05.05.2025 (Annexure P-1&P-2), so far, in respect and relates to the petitioner herein. 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent no. 4 to pay the loan amount of the petitioner's deceased wife. 10.3. Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner contended that wife of petitioner had borrowed a sum of Rs. 25,77,000/- (home loan) from respondent/Bank of Baroda for purchase of land & construction of house and, thereafter, she (wife) died in the year 2023. Vide Annexure -P/1 & P/2, demand notice issued to the petitioner by the respondent/Bank of Baroda, whereby the Bank has demanded the alleged borrowed money from him, regardless of the fact that the petitioner's wife was insured under the said loan agreement as mentioned in para 14 of terms and agreement of the letter of sanction of the said loan Annexure -P4. As per the said term and agreement, the Bank ought to have settle the loan of the deceased from the insurance amount of the deceased. Hence, petitioner has came-up before this Court with aforesaid prayer. 3 3. Learned counsel for respondent No.3 contended that Smt. Sarita Tiwari (wife of petitioner) died due to suicide on 20-12-2023 i.e. within 12 months from the date of commencement of the Policy i.e. 01-02-2023. As per terms and condition of the Policy, the petitioner being a nominee or beneficiary of the policy holder would be entitled 80% of total premiums paid till the date of the death of the borrower form respondent No.4/Insurance Company. The claim amount has already been settled by the Insurance Company, claim amount has been deposited to the account of the petitioner and the same has also been accepted by the petitioner without any protest, which is reflecting from the documents/Annexures R-3/1, R-3/2 & R-3/3 annexed with preliminary objection/submission filed on 15.09.2025. 4. Heard learned counsel for the parties and perused the documents/material available on record. 5. Perusal of the documents/Annexures R-3/1, R-3/2 & R-3/3 reveals that Insurance Company has already settled the insurance policy and claim amount has been deposited to the account of the petitioner, however, in the instant writ petition petitioner has neither disclosed this fact nor filed/annexed any documents with regard to settlement of the insurance policy. Hence, it is clear that petitioner has suppressed the material facts before this Court and the present petition is drafted with the prayer which is defective one, therefore, this Court is not inclined to entertain this petition. 4 6. Accordingly, writ petition is hereby dismissed with cost of Rs.5,000/- which shall be paid by the petitioner before the Registry of this Court and, thereafter, same shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur, (CG). CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-