- 1 - NC: 2025:KHC-D:3866 WP No. 104268 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104268 OF 2022 (GM-RES) BETWEEN: SRI CHANNAVIRAPPA B. JIRLI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: NO. 3068/B WARD NO. 20 MAITRI GALLI, JAMKHANDI, DIST: BAGALKOTE, PIN: 587 301. …PETITIONER (BY SRI B. B. BALLARI AND RAVI N. CHIKKARADDER, ADVOCATES) AND: 1. HDFC ERGO GENERAL INSURANCE COMPANY LTD., 6TH FLOOR, LEEL BUSINESS PARK, ANDHERI ROAD, ANDHERI (EAST), MUMBAI – 400 059. 2. HDFC BANK LTD., HDFC BANK HOUSE, SENAPALI BAPAT MARG, LOWER PAREL, MUMBAI – 400 013. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:37 +0530 - 2 - NC: 2025:KHC-D:3866 WP No. 104268 of 2022 3. HDFC BANK LTD., BRANCH MANAGER, MUNCIPAL NO.3/1, WARD NO.77, NRUPATUNGA ROAD, BENGALURU – 560 001. 4. INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA, 3RD FLOOR, PARISRAMA BHAVAN, BASHEER BAGH, HYDERABAD - 500 004. …RESPONDENTS (BY SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR R1; SRI SURESH S. GUNDI, ADVOCATE FOR R2 TO R3; SRI B. PRAMOD, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT ISSUED BY THE FIRST RESPONDENT DATED 21.07.2022 VIDE (REPUDIATION OF CLAIM NO.RR-C122-13056784) ANNEXURE-J. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE FIRST RESPONDENT TO PAY THE REAMING INSTALLMENTS FROM THE DATE OF DEATH OF THE SON OF THE PETITIONER (01.05.2021) TO THE THIRD RESPONDENT HDFC BANK, TOWARDS LOAN ACCOUNT NO.82616107 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3866 WP No. 104268 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner is before this Court seeking for the following reliefs: “a. Writ in the nature of certiorari quashing the endorsement issued by the first respondent dated 21.07.2022 Vide (Repudiation of claim No.RR-C122-13056784) Annexure – J. b. Issue writ in the nature of mandamus directing the first respondent to pay the reaming installments from the date of death of the son of the petitioner (01.05.2021) to the third respondent HDFC bank, towards loan account No. 82616107. c. Pass such other orders as may be appropriate in the facts and circumstances of the case and award cost in the ends of justice and equity.” 2. A memorandum of agreement has been filed, which reads as under: “The parties above named beg to submit as follows. 1. That the petitioner Sri. Channaverappa B. Jirli and his son Sri Kadasiddeswar Jirli have taken loan of Rs. 35,00,000/- Vide Loan A/c No. 82616107 from the 2nd and 3rd respondent HDFC Bank by mortgaging the properties bearing CTS No. 3068/B and CTS No. 542/A situated at Jamkhandi, Jamkhandi Ta, Bagalkot District. 2. The son of the petitioner Sri Kadasiddeswar Jirli has regularly paid the loan installment up to 2021. Unfortunately the son of the petitioner died due to Covid-19 pandemic on 01/05/2021. - 4 - NC: 2025:KHC-D:3866 WP No. 104268 of 2022 3. On 15/01/2022, the 3rd respondent Bank has issued legal notice to the petitioner, calling upon the petitioner to discharge the loan amount with interest vide loan A/c No. 82616107. The petitioner has given reply to said notice stating that the respondent No.1 HDFC- Ergo Insurance Co. Ltd had issued an Insurance Policy infavour of the petitioner and his son and hence Insurance company is held responsible for repayment of remaining installments. However the first respondent Insurance company rejected the claim on the ground that the son of the petitioner is died due to Covid-19 pandemic and the same is not covered under the insurance policy dated 21/07/2022. 4. The petitioner submits that the petitioner has challenged the endorsement 21/07/2022 issued by the respondent No.1, in the present WP. No.104268/2022 (GM-RES) 5. The above said writ petition has been referred to the mediation the petitioner, 2nd and 3rd respondents have mutually agreed to settle the matter with the following terms: i. As one time settlement the petitioner is paying sum of Rs. 25,00,000/- (Twenty five lakhs) towards full and final settlement of loan account No. 82616107 through the Demand Draft No. 844511 drawn on State Bank of India Jamakhandi Branch in favour of HDFC Bank Ltd Loan Account No.82616107, dated 24.02.2025. ii. The 3rd respondent has agreed to return the original documents in respect of mortgaged properties vide properties bearing CTS No. 3068/B and CTS No. 542/A situated at Jamkhandi, Jamkhandi Taluk, Bagalkot District and the respondent no.3 has agreed to issue the no due certificate within 20 days from the date of order. - 5 - NC: 2025:KHC-D:3866 WP No. 104268 of 2022 6. Parties will appear on 27.02.2025 before the Hon'ble Court for passing Orders in terms of the above said settlement.” 3. The said memorandum of agreement has been signed by the petitioner, advocate for petitioner, Manager of respondent No.3 and advocate for respondent Nos.2 and 3. 4. Counsel for the petitioner and the respondents submit that the matter has been amicably settled. The amounts due have been paid and the documents would be returned within twenty days from today. 5. Placing their respective submission, the petition stands dismissed as settled out of Court. Sd/- (SURAJ GOVINDARAJ) JUDGE NAA/CT-ASC List No.: 3 Sl No.: 6