IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
JOSE VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 182 OF 2019
| Table of Content |
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| 1. the petitioner's claim relates to the retention of the insurance policy due to default in a financial transaction. (Para 1 , 2) |
JUDGMENT
Dated this the 24th day of February, 2026 The writ petition is filed by the petitioner, who is the holder of an insurance policy bearing No.774208387, as evidenced by Ext.P1. The said policy was offered by the petitioner to the 3rd respondent as security in respect of a chitty transaction subscribed by the 4th respondent. On default committed by the 4th respondent, the 3rd respondent initiated proceedings against both the petitioner and the 4th respondent and retained the policy in their custody for realization of the amount.
2. It is the contention of the petitioner that, apart from the said policy, the 4th respondent had also o title deeds of property worth more than one crore rupees as security. However, it is seen that notice to the 4th respondent has not yet been served. In the circumstances, the learned counsel appearing for the petitioner submits that the petitioner would be satisfied if a direction is issued to consider the representation submitted before the 2nd respondent on
28.12.2018 (Ext.P3).
Taking note of the limited relief sought, I deem it appropriate that notice to the 4th respondent is dispensed with. Accordingly, the writ petition is disposed of with a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3, if the same is available on record, and if not, to communicate the same to the petitioner. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2nd respondent. The entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this judgment.
Sd/-
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