Bombay High Court

THE NANDED DISTRICT CENTRAL CO-OP BANK LTD.versusTHE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD.

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The writ petition is dismissed because an alternate statutory remedy is available to the petitioner.

Summary

The Nanded District Central Co‑op Bank Ltd filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an action of the Divisional Manager of New India Assurance Co. Ltd. The petition sought relief against the insurer's decision, alleging violation of the bank's rights. The Court examined whether the writ petition was maintainable given the existence of an alternative statutory remedy available to the bank. It held that when a specific statutory remedy is available, the Court should not intervene and the petitioner must pursue that remedy. Consequently, the Court directed the bank to prosecute the alternate remedy and disposed of the writ petition.

Issues considered

Whether a writ petition is maintainable when an alternate statutory remedy is available to the petitioner

Subjects

writ petition
alternate statutory remedy
bank
insurance
jurisdiction

Judgment

2026:BHC-AUG:34198



                                                                   24 WP10799.2014
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             24 WRIT PETITION NO. 10799 OF 2014

                   THE NANDED DISTRICT CENTRAL CO-OP BANK LTD.
                                         VERSUS
              THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD.
                                             ...
              Advocate for the Petitioner : Mr. Prathmesh S. Pawar h/f. Mr.
              Kamlakar J. Suryawanshi
              Advocate for Respondent : Mr. Suraj R. Bagal
                                             ...

                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 06.08.2026

              PER COURT :-

              1.           In view of availability of the alternate statutory

              remedy, it will be open for the Petitioner to prosecute the same.


              2.           With the aforesaid observation, the Writ Petition is

              disposed of.




                                                    (SACHIN S. DESHMUKH, J.)

              marathe

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