WPMS/388/2021
2021 Latest Caselaw 499 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 25TH DAY OF FEBRUARY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
         Writ Petition (M/S) No. 388 of 2021


BETWEEN:

Pradeep Kumar                                ...Petitioner
       (By Mr. Bilal Ahmed, Advocate)


AND:

Canera Bank                                  ...Respondent

       (By Mr. Siddhartha Sah, Advocate)

                         JUDGMENT

Petitioner is a borrower, who took a loan from Canera Bank, Branch D.A.V. College Roorkee, District Haridwar. Since petitioner defaulted in repayment of the amount of loan, therefore, proceedings for recovery have been initiated against him.

2. By means of this writ petition, petitioner has sought following relief:-

(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent bank to permit the petitioner to settle customer ID 101444760 and account NO 22006191874 by paying the entire loan amount exempting the interest on the loan amount.

3. Mr. Siddharth Sah, learned counsel for the respondent bank has apprised the Court that the proceedings were initiated against the petitioner

under SARFAESI Act and subsequently, his mortgaged assets were auctioned through e-auction held on 12.12.2019. He further submits that sale certificate was issued on 28.12.2020 in favour of one Smt. Sita Devi. He further submits that total amount realised through e-auction of the mortgaged asset is `13,05,000/-. He further submits that the amount so realised was adjusted against the housing loan account of the petitioner and the remaining amount of `6,93,000/- has been adjusted against Cash Credit Limit of M/s Raj Shekhar Trading Company, of which petitioner is proprietor.

4. Learned counsel for the petitioner submits that Inventory of the movables, lying in the house of the petitioner which was sold through e-auction, has not been supplied to the petitioner.

5. Mr. Siddhartha Sah, learned counsel for the Bank assures the Court that Inventory shall be supplied to the petitioner within ten days from today.

6. In view of the statement so made by learned counsel for the Bank, the writ petition is disposed of by placing the statement of learned counsel for the Bank on record.

(MANOJ KUMAR TIWARI, J.) Aswal