Andhra Pradesh High Court - Amravati
Peddada Kuncha Rao, vs The Branch Manager, on 6 January, 2021
Bench: R Raghunandan Rao
[ 3206 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 25174 OF 2020
Between:
Peddada Kuncha Rao, S/o Pothayya.
...Petitioner
AND
1. The Branch Manager, State Bank of India, Anakapalle Branch, Visakhapatnam
District
2. State Bank of India, Corporate Office, Rep by its Managing Director, Corporate
Centre, State Bank Bhavan, Madame Cama Road, Nariman Point, Mumbai,
Maharashtra 400 021.
3. The Union of India, Rep., by its Secretary to Government of India, Ministry of
Finance Department of Revenue, New Delhi.
4. Office of C.D.A. (Pensions), Allahabad Army (Core of Signal) Allahabad Uttar
Pradesh State.
. .Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue an appropriate Writ, order or direction more particularly one In the nature of Writ
of Mandamus declaring the arbitrary and illegal action of the respondents 1 and 2 In
Holding the SBI Saving Bank Account No 10299608911 and transferring the amount to
the Loan Account No.11040822080 of SBI invoking the Advance Under Collection
Account (AUCA) without intimating to the petitioner is violation of Principles of natural
justice and Holding of pension amount which is credited to the Savings Bank Account
by 4th respondent violates right to life under Art 21 of the Constitution of India and
attachment of pension lying in the savings account is contrary to Proviso (g) of Clause
(1) of Section 60 of CPC as held by the Apex court in a reported judgement in 2009 (1)
SCC 376.
iA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
respondents 1 & 2 to Un-hold SBI Saving Bank Account No:10299608911 forthwith,
pending disposal of WP 25174 of 2020, on the file of the High Court.
a
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri Tarlada Rajasekhar Rao,
Advocate for the Petitioner, Sri Raj Kumar, Standing Counsel appearing for the
Respondents, the Court made the following.
ORDER
"The petitioner availed a term loan of Rs.4,98,000/- by creating equitable
mortgage of his property. As the loan was not repaid, the bank filed O.S.No.85 of
2009 in which, a preliminary decree was passed for sale of the mortgaged
property. At the same time, a personal decree was also given by the trial Court.
It appears that the mortgaged property has been sold under the Provision
of The Securitization and Reconstruction of Financial Assets and Enforcement of
Securities Interest Act, 2002 (SARFACIE Act) and an amount of Rs.2,20,000/- was
recovered. The bank then proceeded to attach the bank account of the petitioner
available with the respondent bank itself for recovery of the remaining money
due.
Sri Tarlada Rajasekhar Rao, learned counsel for the petitioner submits that
the money in the account is an accumulation of pension being received by the
petitioner. He further submits that the said money does not loose the character
_of pension and cannot be attached as per Section 60(1) Proviso G of C.P.C. He
also relied upon the Judgment of the Hon'ble Supreme Court reported in Raman
C.K. vs Sowmya Kuries And Loans (P) Ltd'. |
Sri Raj Kumar, learned Standing Counsel appearing for the respondent
bank seeks time to file counter and submits that this is a civil dispute and as
such, the writ petition is not maintainable before this Court.
Post on 25.01.2021 in 'motion list' for counter.
In the meanwhile, the bank shall permit the petitioner to withdraw an
amount of Rs.10,000/- per month to take care of his basic necessities."
ans 7
Sd/- A. Surya Prakasa Rao
DEPUTY REGIS AR
f SECTION OFFICER __.
f/fTRUE COPY//
To,
1. The Branch Manager, State Bank of India, Anakapalie Branch, Visakhapatnam
District
2. State Bank of India, Corporate Office, Rep by its Managing Director, Corporate
Centre, State Bank Bhavan, Madame Cama Road, Nariman Point, Mumbai,
Maharashtra 400 021.
3. The Union of india, Rep., by its Secretary to Government of India, Ministry of
Finance Department of Revenue, New Delhi.
4. Office of C.D.A. (Pensions), Allahabad Army (Core of Signal) Allahabad Uttar
Pradesh State. (1 to 4 by RPAD)
5. One CC to Sri Tarlada Rajasekhar Rao, Advocate [OPUC]
6. One CC to Sri P Raj Kumari, Standing Counsel [OPUC]
7. One spare copy
SP
* (2009) 1 SCC 376.
HIGH COURT
DATED: 06/01/2021
NOTE: POST ON 25.01.2021 IN 'MOTION LIST' FOR COUNTER
A
ORDER
WP.No.25174 of 2020
DIRECTION
12 Ayer
