Ruparam Lohar vs The State Bank Of India
2022 Latest Caselaw 8862 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9284/2022

Ruparam Lohar S/o Shri Gheesulal, Aged About 58 Years, Resident Of Nai Abadi, Near Gaushala, Khudala, Falna, District Pali.

----Petitioner Versus The State Bank Of India, Through The Branch Manager, Sumerpur, Post Office Road, Pali Marwar, District Pali.

                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rajat Dave
For Respondent(s)         :



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

06/07/2022

This writ petition has been filed by the petitioner with a

prayer to restrain the respondent-Bank from auctioning his gold

ornaments.

Learned counsel for the petitioner has submitted that the

auction is to be held today i.e. 06.07.2022 at 05:00 PM.

It is not in dispute that the petitioner took loan from the

respondent-Bank by mortgaging his gold ornaments. It is also not

in dispute that the petitioner has failed to repay the loan as per

terms and conditions and despite receipt of notice from the

respondent-Bank he has failed to deposit the due loan amount.

Learned counsel for the petitioner has submitted that the

petitioner is ready to repay the due loan amount, however, some

time may be granted to him.

(2 of 2) [CW-9284/2022]

It is noticed that the respondent-Bank had issued a notice to

the petitioner on 04.06.2022 informing him that he may clear his

loan amount by depositing dues up to 04.07.2022.

Admittedly, the petitioner has failed to repay the loan

amount pursuance to the notice issued to him by the respondent-

Bank.

Having heard learned counsel for the petitioner and after

going through the material available on record, I am not inclined

to interfere in this writ petition, however, the petitioner may

approach the respondent-Bank with a prayer to grant some more

time to repay the loan amount.

If any such prayer is made by the petitioner with the

respondent-Bank, it is expected that the respondent-Bank shall

consider the same strictly in accordance with law.

With these observations, this writ petition is disposed of.

Stay petition is also disposed of.

(VIJAY BISHNOI),J 119-mohit/-

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