Bhaskar Bhattacharya, J. - (1.) This mandamus-appeal is at the instance of respondents in a writ-application and is directed against the order dated 19th May, 2006 passed by a learned Single Judge of this Court in C.O. No. 12580 (W) of 1995 thereby allowing a writ-application filed by the respondent by directing the appellants to pay a sum of Rs, 75,000/- together with interest at the rate of 9% per annum from 1 st December, 1988 till the date of payment. His Lordship further awarded costs of 300 Gms. to be paid by the appellants to the respondent/ writ-petitioner.
(2.) The facts giving rise to the filing of this mandamus-appeal may be summed up thus: One Smt. Chhaya Mondal, the wife of the writ-petitioner, took out a life insurance policy bearing No. 420094448 with effect from 2nd October, 1987 for a sum of Rs. 37,500/-. She took out another policy bearing No. 42009449 with effect from 28th October, 1987 for an identical sum of Rs. 37,500/-. The writ-petitioner was appointed as nominee to receive the amount in the event of death of the insured-person. The wife of the writ-petitionen died in November 1988, as a result, claim was made with the appellant, the Life insurance Corporation. By a letter dated 1st September, 1994, the appellant refused to pay the amount on the ground of non-compliance of the requirement of filing Form-E meant for the employer of the insured certifying certain facts mentioned therein.
(3.) The writ-petitioner, at the first instance, filed a suit in the first Court of Munsif, Ranaghat, being Title Suit No. 303 of 1994. The said suit was, however,permitted to be withdrawn with liberty to approach this Court in the writ-jurisdiction for appropriate relief as would appear from the order dated 15th June, 1995 passed in the said suit.;