The writ jurisdiction cannot be invoked for the purpose of realization of any amount or for declaration of right, as such matters are best adjudicated by a regular civil court or forum.

ORDER :- This writ petition relates to various reliefs. Out of which withdrawal, revocation, recalling and/or cancellation of the impugned notice on 3-3-1992 being Annexure ‘N to the writ petition, issued by the Senior Divisional Manager, National Insurance Company Limited, respondent No. 2 is also particularly available.

2. Since the other reliefs are virtually relating to grant of claim of the petitioners arising out of fire took place in the petitioners premises along with interest, this Court is not inclined to adhere anything in respect thereto sitting in the writ jurisdiction but behaving like fact finding Court. Such type of claim cannot be entertained under the writ jurisdiction. It has to be adjudicated by a regular Civil Court or forum to come to a definite conclusion in this regard.

3. On that score, Mr. P.K. Mallick, learned senior Counsel for the petitioner addressing before the Court fairly submitted that such relief cannot be granted under the writ jurisdiction as rightly pointed out by the Court, and a suit is already existing in between the parties. But the relief as primarily made hereunder, is not for the same but for cancellation, revocation, withdrawal, or recalling of the impugned notice on 3-3-1992, as aforesaid, to which there cannot be any embargo in proceeding with the same under the writ jurisdiction.

4. It has contended before this Court that under Annexure ‘N to the writ petition, the Senior Divisional Manager by a letter under reference 100200/OPA/PGS dated 3rd March, 1992 intimated as follows :

"We refer to the correspondence resting with our letter dated 25-8-1986 along with which our cheque Nos. 982702 and 982703 both dated 14-8-1986 for Rs. 46,026/- and Rs. 39,46,275/- respectively were returned.

The matter of your claim arising out of the fire dated 29-6-1986 has since been considered at length and in view of what is stated above, there being no valid insurance we regret to inform you that we have no liability towards any loss that may have arisen out of the fire dated 28-6-1986."

5. Mr. Mallick pin pointed before this Court about the words under the letter ".......... no valid insurance .........". According to him validity of the insurance is to be governed by Section 64(VB) of the Insurance Act, 1938 read with Rule 58 of the Insurance Rules, 1939 framed under the Act. Section 64(VB) of the Insurance Act, 1938 provides no risk to be assumed unless premium received in advance. The Section is as follows :

"64 VB. No risk to be assumed unless premium is received in advance. - (1) No insurance business on which premium is not ordinarily payable outside India unless and until the premium payable is received by him or is guaranteed to be paid by such person in such manner and within such time as may be prescribed or unless and until deposit of such amount as may be prescribed, is made in advance in the prescribed manner.

(2) For the purposes of this section, in the case of risks for which premium can be ascertained in advance, the risk may be assumed not earlier than the date on which the premium, has been paid in cash or by cheque to the insurer.

(3) Any refund of premium which may become due to an insured on account of the cancellation of a policy or alteration in its terms and conditions or otherwise shall be paid by the insurer directly to the insured by a crossed or order cheque or by postal money order and a proper receipt shall be obtained by the insurer from the insured, and such refund shall in no case, be credited to the account of the agent.

(4) Where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty four hours of the collection excluding bank and postal holidays.

(5) The Central Government may, by rules, relax the requirements of sub-section (1) in respect of particular categories of insurance policies."

6.