RAJASTHAN AT JAIPUR BENCH ORDER S.B. CIVIL WRIT PETITION NO.11012/2012 (Kamlesh Gautam v. The Central Cooperative Bank & Ors.
Case at a glance
Outcome
Dismissed
The writ petition is dismissed accordingly
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 44. The writ petition is dismissed accordingly. Stay application stands dismissed in view of the petition being dismissed. MS/- All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Manoj Solanki, Jr. P.A. (ALOK SHARMA), J
Judgment
HON’BLE MR. JUSTICE ALOK SHARMA Ms. Sangeeta Sharma, for the petitioner. BY THE COURT :
It is an admitted fact that the petitioner is a borrower of Rs.2 lakhs form the Central Cooperative Bank Tonk, Branch Dooni. It is also an admitted fact that the petitioner has defaulted on the loan agreement and has failed to pay the installment to the respondent-Bank as contracted. Counsel for the petitioner has submitted that the default in payment of the outstanding amount to the respondent-Bank has been occasioned due to a financial crunch being faced by the petitioner. In these circumstances, it is prayed that this Court in the exercise of its power under Article 226 of the Constitution of India should come to the petitioner’s rescue and quash and set aside the notice dated 11.07.2012, issued by the Sales Officer, the Central Cooperative Bank, Dooni, District Tonk whereunder the public at large has been notified that the property of the petitioner mortgaged with the respondent-Bank has been attached and would be put to 2 SBCWP NO.11012/12 auction for recovery of outstanding amount.
Neither from the writ petition nor from the arguments of the counsel for the petitioner, any legal grounds for interfering with the notice dated 11.07.2012 are made out. In my considered opinion, the issue of the loan by the Bank to its customer is a matter of contract and this Court ought not to interfere in such matters by invoking Article 226 of the Constitution of India. Even otherwise, I find no legal or fundamental right of the petitioner have been breached or even any violation of statutory provisions. I, therefore, find no force in the writ petition.
However, the petitioner is free to approach the respondent-Bank and seek its indulgence in paying the amount due by way of installment to the Bank and file a representation. In the event the petitioner were to approach the respondent-Bank and file a representation, it is expected that the respondent-Bank would address the case of the petitioner sympathetically without its jeopardizing the safety of the refund of the loan amount.
Operative part
The writ petition is dismissed accordingly. Stay application stands dismissed in view of the petition being dismissed. MS/- All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Manoj Solanki, Jr. P.A. (ALOK SHARMA), J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is dismissed accordingly
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Rajasthan High Court, on 30 Jul 2012. The bench was ALOK SHARMA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.