Ravi S.Dhavan, J. - (1.) This Is a strange case which offends the equity jurisdiction of any Court what to speak of the High Court. If the contract between the parties in a commercial world is to be judged by the parameters of this case, then no faith will be left between banks and customers while granting loans in furtherance of socio-economic programmes for the rehabilitation of those who are genuinely repressed financially. Loans taken from banks are meant for repayment, as opposed to embroilment in litigation.
(2.) To purchase five buffaloes for agriculture and farm use, the petitioner Om Prakash Gupta. obtained a loan from the State Bank of India, for Rs. 25.000. Then the petitioner went to an insurance company. i.e., the "Oriental Insurance Company, Dada Nagar, Kanpur Nagar'. He covered the risk of his five animals under a contract of Insurance.
(3.) By natural causes or otherwise, all the five animals died one by one. The petitioner contends that the animals were sick. The petitioner was cautious enough to write to the insurance company each time when any animal became sick by intimating the insurance company that the animal was sick and the insurance company must arrange for a Doctor to attend on the sick animal. The petitioner was keeping his record straight that should an occasion arise to seek a claim against the contract of insurance, prior intimation on record was already with the insurance company as a foundation to a claim.;