Adarsh Co-Operative Bank Limited vs State Of Rajasthan
2021 Latest Caselaw 12937 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6821/2021

Adarsh Co-Operative Bank Limited, Through Its Competent Authority Mr. Ravi Arora S/o Madan Gopal Age 39 Year Chief Manager And Authorized Officer Of The Bank, Head Office At Adarsh Bhawan, Teen Batti, Sirohi, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Director, Secondary Education, Rajasthan Bikaner.

2. District Education Officer, Secondary Education, Jalore Rajasthan.

3. Block Primary Education Officer, Panchayat Samiti Reodar, District Sirohi, Rajasthan.

4. Principal, Government Senior Secondary School, Ghana Tehsil Ahore District Jalore Rajasthan.

5. Smt. Sushila Devi W/o Late Shri Sugan Chand, R/o 422, Arjun Lal Sedh Inagar, Makupura By Pass Road, Near Kamal Savita School, Ajmer Rajasthan.

----Respondents

For Petitioner(s) : Mr. Girish Sankhala

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/08/2021

This writ petition is filed by the petitioner-Bank seeking the

following reliefs:-

"(i) That, the respondent-Employer may kindly be directed for providing the due amount of loan to the petitioner-Bank from account of borrower.

(ii) That, the respondent-Employer may further be directed that due amount of loan along with interest from the account of the borrower may kindly be released in favor of petitioner-Bank.

(iii) That, it is further prayed that respondent-Employer may be directed that petitioner-Bank be not deprived

(2 of 3) [CW-6821/2021]

from the recoverable due amount of loan, with out having legal ground.

(iv) That, any other relief for which the petitioner-Bank is entitled in eye of law may kindly be granted.

It is therefore, prayed that writ petition be allowed with cost."

Learned counsel for the petitioner- Bank has submitted that

the petitioner-Bank has advanced a loan of Rs. 4,60,000/- on

03.09.2014 to one Sugan Chand, who was working as a Teacher

with the Government of Rajasthan. As per the terms and

conditions of the loan agreement and the duration of the said loan

was 60 months and Sugan Chand was required to repay the said

loan through monthly installments. It is argued that Sugan Chand

has submitted his salary certificate issued by his employer with a

letter authorizing his employer to deduct the installments for

repayment of the loan from his salary account. In the said

authorization letter, it is clearly mentioned that, in case, if he

ceases to be employee for any reason, he will authorize his

employer for recovery of the full remaining loan amount from the

amount due and payable to him towards his dues receivable as

bonus, gratuity etc. and to remit the same to the said bank.

Learned counsel for the petitioner-Bank has submitted that

as per the provisions of Section 60 of the Multi State Cooperative

Society Act, 2002, an employer of a borrower is bound to deduct

monthly installments of the loan from the salary account of the

borrower. It is submitted that unfortunately, Sugan Chand expired

in the year 2019, however, after his death, his employer i.e.

respondent Nos. 2, 3 and 4 are not deducting the monthly

installments and are not repaying the loan advanced to deceased

Sugan Chand and, as such, the respondents are acting illegally.

(3 of 3) [CW-6821/2021]

Learned counsel for the petitioner-Bank has, therefore, prayed

that the reliefs sought for in this writ petition may be kindly

granted.

Having heard learned counsel to the petitioner-Bank and

after going through the material available on record, this Court is

of the opinion that for the purpose of recovery of the loan amount

advanced to a borrower, a writ petition under Article 226 of the

Constitution of India is not maintainable and the petitioner-Bank

cannot use this Court as a mere recovery agency for the purpose

of recovery of loan advanced to any borrower. The petitioner-

Bank can take recourse for recovery of loan under the Law.

Hence, I am not inclined to grant the reliefs as prayed for in

this writ petition and the same is hereby dismissed.

Stay petition is also dismissed.

(VIJAY BISHNOI),J

18-mohit/-

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