High Court of Madhya Pradesh, Jabalpur Bench at Indore BEFORE HON’BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 8^TH OF JULY, 2022 Writ Petition No.14949/2022 Between: -

Smt. Shradda Joshi W/o Sunil Joshi, Age- Adult, Occupation- House wife, R/o: 190, Shiv City, Nihalpur Mundi, Indore, District Indore (MP)

…..PETITIONER (By Shri Romesh Dave, Advocate)

AND Nayab Tehsildar, Ku. Harsha Verma, Indore, Tehsil & District Indore (MP)

Maruti Suzuki Insurance Private Limited, 1, Nelson Mandela Road, Vasant Kunj, New Delhi – 110 070 Universal Sompo General Insurance Company Limited, 1^st Floor, Block N.4, Paryawas Bhawan, Arera Hills, Jail Road, Near Secretariat, Bhopal, District Bhopal (MP)

The Police Station, Shille Gaon, Tehsil Gangapur, District Aurangrabad Gramin (Maharashtra)

ICICI Bank Limited Branch: 4, Choti Khajarani, Malwa Parisar, Indore, District Indore (MP)

…..RESPONDENTS (State of MP By Shri Bhuvan Deshmukh, Government Advocate)

……………………………………………………………………………………………………………….

This petition coming on for orders this day, the court passed the following:

ORDER

Heard on the question of admission and grant of interim relief.

This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief: -

“07.RELIEF PRAYED FOR:

(i) It is, therefore, prayed that by issuing appropriate writ, order or direction : -

a) to direct the respondent no.4 to file final report so that the further compliance can be conclude, b) to quash the impugned notices issued by respondent no.1, c) to direct the respondent no.2 & 3 to initiate the process for disbarment of insurance amount to bank, d) to allow the petition with costs;

e) to pass such order’s as may be deemed appropriate in the fact and circumstances of the case, to grant relief to the petitioner.”

2. The grievance of the petitioner is that she was served with a show cause notice dated 13.06.2022 (Annexure P/7) and a recovery notice dated 17.05.2022 (Annexure P/6) issued by the Nayab Tehsildar, Indore (respondent No.1) directing her to deposit a sum of Rs.10,73,916/- (rupees ten lakhs seventy three thousand nine hundred and sixteen) to the respondent / ICICI Bank Limited.

3. The case of the petitioner is that she has purchased a Maruti XL Smart Hybrid Zeta Car on 14.09.2020 from Nexa Showroom with in-house Insurance Company namely “Universal Sompo General Insurance Company Limited” (respondent No.3 herein). However, the car of the petitioner was stolen on 30.12.2021 in Aurangabad (Maharashtra) and First Information Report (FIR) to this effect has already been lodged by the petitioner dated 17.01.2022 (Annexure P/4) and also submitted a copy of the same to the Insurance Company as well as to the Bank, but the Nayab Tehsildar, Indore (MP) has arbitrarily and without considering the documents submitted by the petitioner has issued the show cause notice for recovery.

4. On perusal of the documents filed on record, it is apparent that the petitioner had purchased the car for which loan was obtained from ICICI Bank Limited, Indore; and it was insured with Universal Sompo General Insurance Company Limited (respondent No.3); and it appears that at the instance of the aforesaid Bank, the Nayab Tehsildar has issued the show cause notice to the petitioner demanding a sum of Rs.10,73,916/- (rupees ten lakhs seventy three thousand nine hundred and sixteen). The petitioner already submitted her reply to the aforesaid notice before the Nayab Tehsildar, but it appears that no action has been taken by the Nayab Tehsildar on the said reply also.

5. The case of the petitioner is that the loss of her car is also recovered by the Insurance Company and thus, the petitioner is not required to pay anything to the Bank.

6. On due consideration of the submissions and on perusal of the documents filed on record, it is apparent that the main contesting parties are purely private parties, namely ICICI Bank Limited and Universal Sompo General Insurance Company Limited (respondents No.3 and 5 respective