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2008 Supreme(Pat) 542

NAVANITI PRASAD SINGH
Kanhaiya Lal – Appellant
Versus
State Bank Of India – Respondent


Judgment

1. The petitioner was indebted to the respondent-Bank. The bank had taken out a shopkeepers insurance scheme for the hypothecated goods in the petitioners-shop. Petitioner reported theft and claimed about Rs. 4.80 lakhs before the Insurance Company. Insurance Company disputed the claim. Bank moved the certificate Court under the Public Demand Recovery Act. After hearing the objection of the petitioner the Certificate Court held the petitioner to be liable to pay the bank Rs. 7 lakhs by his order dated 10-2-2000. As petitioner was pursuing the insurance claim which was to accrue to the Bank, the Certificate Court directed the petitioner to pay the difference of the two that is the certificate amount as assessed and the insurance claim. Bank did not object to this order dated 10-2-2000 which attained finality. Thereafter, the Insurance Company repudiated the claim. Petitioner then approached the District Consumer Forum where again his claim was not accepted and petitioner has now filed an appeal before the State Commission for Redressal of Consumer Dispute which is pending. As the Consumer Forum dismissed the claim of the petitioner as against the Insurance Company, the petit







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