Chandrashekhar, J. - (1.) Seeking a direction upon the respondents to settle the education loan account bearing No.10924066990, the present writ petition has been filed.
(2.) Briefly stated, the facts of the case are that, the petitioner took loan for education of his son for his admission in a 4-years Bachelor of Engineering course at S.R.M. Institute of Science and Technology, Kanchipuram, Tamil Nadu. The loan for Rupees Four Lacs was sanctioned by the respondent-Bank vide letter dated 05.10.2006. Unfortunately, the son of the petitioner namely, K.V.N.N. Aditya died and, the petitioner under an impression that the said loan was covered under the "SBI Life Insurance", understood that the loan which was disbursed has been settled by the insurance company. However, the petitioner received the statement of the loan account from the respondent-State Bank of India which reflected the outstanding loan amount. The respondent-SBI rejected the objection of the petitioner on the ground that the insurance claim made by the petitioner was not tenable and the petitioner was directed to make payment of the loan amount. Aggrieved, the petitioner has approached this Court by filing the present writ petition.
(3.) Mr. Ashok Kumar Jha, the learned counsel for the petitioner submits that letter dated 05.10.2006 clearly discloses that the loan granted for the son of the petitioner was insured with SBI Life under "Edushield". The said letter further discloses that all the security papers were duly executed by the petitioner and thus, it has to be presumed that the insurance covered for the said loan was duly taken. Referring to Clause 2(a) and Clause 11 of letter dated 05.10.2006, the learned counsel for the petitioner submits that the respondent-Bank is bound by the contents of its own letter and it cannot recover the loan amount from the petitioner.;