Prasanta Kumar Jena vs The Urban Co-Operative Bank Ltd
2022 Latest Caselaw 1083 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CMP No.76 of 2022
                   (Through Video Conferencing mode)

        Prasanta Kumar Jena                      ....            Petitioner

                                               Mr. K. Panigrahi, Advocate
                                    -versus-

        The Urban Co-operative Bank Ltd.         ....      Opposite Parties
        and others
                                                         Mr. D. Acharya,
                                                               Advocate



                  CORAM: JUSTICE ARINDAM SINHA
Order                              ORDER
No.                               04.02.2022
                             I.A. No.81 of 2022
1.

1. Mr. Panigrahi, learned advocate appears on behalf of petitioner and submits, judgment dated 22nd October, 2021 is illegal and made with material irregularity. He submits, his client was plaintiff in the suit. His stood as surety for a co-employee in obtaining consumer durable loan, repayable on deduction from borrower employee's salary. This was the security that the bank obtained regarding repayment, for sanctioning and disbursing the loan. His client stood surety. The bank accepted or allowed borrower employee to resign, thereby parting with its security. He relies on section 141 in Indian Contract Act, 1872 to submit, his client had made out prima facie case for being protected by interim injunction against the bank deducting from his client's

// 2 //

salary on contention that his client's liability is coextensive with that of the borrower.

2. Perused impugned judgment of appellate Court. There does not appear to be any dispute that repayment of the loan from the borrower was being obtained from his salary and thereafter the bank allowed the borrower to resign.

3. Mr. Acharya, learned advocate appears on behalf of opposite party nos.1 to 4 (bank).

4. There will be stay of operation of impugned judgment till 11th April, 2022.

5. Issue notice along with this order on opposite party no.5. Petitioner will put in requisites. A copy be served separately on Mr. Acharya.

6. List on 18th February, 2022. I.A. is disposed of.

(Arindam Sinha) Judge Sks