Patna High Court
Vishnu Deo Kamti And Anr vs The Union Bank Of India Branch Singhiya ... on 12 November, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12580 of 2016
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1. Vishnu Deo Kamti and Anr S/o Late Dahaur Kamti.
2. Baidhyanath Prasad, S/o- Vishundeo Kamti, Both R/o Village- Veerpur, P.S-
Hasanpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The Union Bank Of India Branch Singhiya Ghat Samastipur
2. The Branch Manager, Union Bank of India Branch Singhiyaghat,
Samastipur.
3. The Chief Manager, Union Bank of India, Regional Office, Nashi Bhawan,
Frazer Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shishir Kumar Shishir
: Mr.Binod Kumar Sinha
For the Respondent/s : Mr.Nishi Nath Ojha
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 12-11-2024
1. The present Writ petition is filed to direct the
respondents/Bank (Union of India) to exonerate the Writ
petitioners from the liability of repayment of loan and
interest and further to quash the legal notice issued by the
respondent/Bank, showing dues against the petitioners of
Rs. 2,99,726/- and its realization through process of the
Court vide Letter dated 04.03.2016 and to pass
appropriate order(s) as deem fit and proper.
Patna High Court CWJC No.12580 of 2016 dt.12-11-2024
2. The brief facts culled out of the Writ petition
are that the petitioners availed agricultural loan of Rs.
2,97,000/- on 20.02.2006 for purchase of a Tractor from
the respondent/Bank. Pursuant to the loan, the petitioner
purchased a Sonalika Tractor having Engine No.
3095F62A80331 and that the petitioners repaid an amount
of Rs. 1,76,702/-.
3. Further, the Writ petition disclose that the
respondent were not satisfied with the repayment of loan
and on 27.10.2013 seized the Tractor and the same was
not put on auction. The petitioners filed an application
before the Lok Adalat. The Writ petitioners appeared
before the Lok Adalat, Samastipur vide Case No. 24 of
2014 on 24.02.2014 and that the respondents/Bank also
appeared on 29.04.2014 admitting the facts, but declined
to compromise the matter. Thereafter, respondents/Bank
issued notice to the petitioners for repayment of Rs.
2,99,726/- on 04.03.2016. Challenging the high
handedness of the Bank the present Writ petition is filed
by the petitioners.
Patna High Court CWJC No.12580 of 2016 dt.12-11-2024
4. A detailed counter affidavit was filed by the
respondents/Bank admitting about the agricultural loan of
the petitioners. The counter affidavit further disclose that
the petitioners repaid an amount of Rs. 1,76,702/- and that
on 27.10.2013 the respondents/Bank seized the Tractor,
but the same was not auctioned by the bank and it was still
lying in the store/godown of the bank. Further, counter
affidavit disclose that the respondent/bank made an
application before the Lok Adalat with proposal to
compromise but the petitioners did not accept for the
compromise and as such, the compromise petition was
dismissed by the Lok Adalat, Samastipur. The counter
affidavit further disclose that when notice was issued to
the petitioners, the petitioners approached this Court.
Further, the Bank also offered to settle the matter and to
close the account after payment of Rs. 1,00,000/- which
was not accepted by the petitioners.
5. Heard the Learned counsel for the petitioners
and the Learned counsel for the respondent. Perused the
record.
Patna High Court CWJC No.12580 of 2016 dt.12-11-2024
6. On perusal of the entire record, it is admitted
fact that the Writ petition is filed to exonerate the liability
for repayment of loan. This Court is not Civil Court to
settle the money dispute between the parties. If at all the
petitioner or the respondents have any grievance they
ought to have file civil suit against each other for
settlement of their civil dispute. There is no violation or
infringement of Fundamental Right of the petitioners so as
to approach this Court under Article 226 of the
Constitution of India. Therefore, the Writ petition itself is
not maintainable and is dismissed as devoid of merits.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR
CAV DATE
Uploading Date 18.11.2024
Transmission Date
