Arijit Banerjee, J. - (1.) By consent of the parties, the appeal and the application are taken up for hearing together and the same are treated as on day's list.
(2.) The writ petitioner claims to be the nominee under an Insurance Policy taken out by his brother. His brother, being the insured, died on 17th November 2014. His dead body was found floating in a pond. Police investigation report was to the effect that there was no foul play and it is a case of accident. The Insurance Company's stand is that it was a case of suicide out of mental depression. Since suicide is not covered under the insurance policy, the claim made by the writ petitioner under the policy was repudiated. This was done initially by a letter dated 10th July 2014 and finally by a letter dated 21st March 2017.
(3.) Being aggrieved, the writ petitioner approached this court by filing W.P. No. 11732 (W) of 2017. The learned single judge dismissed the writ petition holding that disputed questions of facts are involved which are required to be gone into in a more elaborate proceeding than what is available by way of a writ petition.;