Manipur High Court
Nandini 16:31:34 +05'30' vs State Of Manipur on 7 April, 2021
MAYAN Digitally signed
by
GLAMBA MAYANGLAMB IN THE HIGH COURT OF MANIPUR
AM CHANU AT IMPHAL
M NANDINI
CHANU Date:
2021.04.07 WRIT PETITION (C) NO.960 OF 2019
NANDINI 16:31:34 +05'30'
Gurumayum Sanayaima Sharma, aged
about 59 years, s/o (L) G.Radhamohon Sharma,
a resident of Kontha Ahallup mamang Leikai,
PO Mantripukhri, PS heingang, Imphal East
District, Manipur. ... Petitioner
Versus
1. State of Manipur, represented by the
Commissioner, Education (S), Government of
Manipur, Ground Floor, New Secretariat
Building PO PS, Imphal West District,
Manipur, Pin 795001.
2. The Director, Education (S),
Government of Manipur, Lamphelpat, DC Office
Complex, PO PS Lamphel, Imphal West District,
Manipur Pin 795004.
3. The United Bank of India, through the General
Manager, H/O 11 Hemant Basu Sarani, Kolkata
Pin 700001.
4. The Assistant General Manager, United Bank
Of India, Imphal Branch MG Avenue, Imphal 795001.
... Respondents
BEFORE
HON'BLE MR.JUSTICE LANUSUNGKUM JAMIR
For the Petitioner :: Ms.G.Puspa
For the Respondents:: Mr.L.Gunindro, Advocate &
Ms.Sundari, learned GA
Date of hearing/ :: 07.04.2021
Date of Judgment
JUDGMENT AND ORDER
(O R A L)
Heard Mr.G.Puspa, learned counsel for the petitioner as well
as Mr.L.Gunindro, learned counsel appearing on behalf of the United Bank
of India and Ms.Sundari, learned GA for respondent Nos.1 and 2.
The petitioner applied for Housing Loan for a sum of Rs.4.20
lakhs from the United Bank of India, presently Punjab National Bank in view
of the merger. Thereafter, sanction was accorded by letter dated
20.11.2003 for the Bank Loan of Rs.4.20 lakhs. Due to personal problem,
the petitioner could not clear the outstanding amount against the loan taken
by him. After several notices being issued to the petitioner, the Bank issued
a Notice of Intended Sale on 23.10.2002 with regard to his property
consisting of land and building bearing Patta No.6/154(old) 6/53/319 (new)
covered by CS Dag No144/543 and measuring an area of 0.61 + 0.19=
0.80 acre of Revenue Village No.6-Kontha Ahallup, Imphal East District.
Being aggrieved with the Notice of Intended Sale dated 23.10. 2019,
petitioner approached this Court by way of filing the present writ petition.
Thereafter, this Court by an order dated 22.11.2019
suspended the Notice of Intended Sale dated 23.10.2019. During pendency
of the writ petition, the Government of Manipur disbursed an amount of
Rs.10 lakhs into the salary account of the petitioner on 4.7.2020.
Thereafter, the petitioner approached the Bank for making payment of the
due amount. While making inquiry, the petitioner was informed that he had
a liability of Rs.2,28,981/- against the loan taken by him. Accordingly, the
petitioner made payment of Rs.50,000/- on 2.12.2020. Again, the petitioner
made another deposit of Rs.1 lakh on 6.12.2020. Further, the petitioner
deposited another amount of Rs.50,000/- on 23.03.2021 thereby depositing
a total amount of Rs.2 lakhs before the Bank. Thereafter, this Court had
directed Mr.Gunindro, learned counsel for the Bank to consider the case of
the petitioner for a final settlement of the issue.
Ms.Puspa, learned counsel for the petitioner submits that as
the wife of the petitioner is suffering from cancer and that the petitioner is
yet to receive his monthly salary, some concession may be made to the
petitioner. Mr.Gunindro, learned counsel for the Bank had produced a letter
dated 26.03.2021 written by the Chief Manager, Punjab National Bank (e
UBI) Imphal Branch, indicating that the petitioner has to deposit Rs.37,000/-
for final settlement of the account after giving maximum concession with
regard to interest and other process. At this stage, Ms.Puspa, learned
counsel for the petitioner submits that the petitioner is ready to pay another
Rs.30,000/- for final settlement and also requested the court for
consideration of the case of the petitioner due to non payment of his salary
as well as the illness of his wife.
Mr.Gunindro, learned counsel for the Bank, however submits
that the Bank has already given its maximum concession to the petitioner
and, therefore, if the petitioner deposits the said amount of Rs.37,000/- the
issue may be closed.
However, taking into consideration the difficulty faced by the
petitioner with regard to non payment of the salary till date and also keeping
in mind that the wife of the petitioner is suffering from cancer, this Court is
of the considered view that it would meet the ends of justice if the petitioner
is permitted to make deposit of Rs.35,000/- as final settlement of the loan
taken by him.
Accordingly, the petitioner is directed to make the payment of
Rs.35,000/- before the Bank within a period of 1 (one) week from today as
final settlement of the loan amount.
In the event, the petitioner deposits the said amount of
Rs.35,000/- before the Bank within a period of 1 (one) week from today, the
Notice of Intended Sale dated 23.10.2019 shall stand quashed and set
aside.
With the aforesaid direction, the writ petition is accordingly,
disposed of.
JUDGE
Priyojit
