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(2020) Law Today Live Doc. Id. 15556 = 2021(1) L.A.R. 131
Decided on: 30.10.2020
(Heard through Video Conferencing)
Present:
Mr. Pardhuman Garg, Advocate for the petitioner.
Constitution of India, Article 226 – Default in bank loan -- Liability of guarantor – Release of guarantor property – Consideration of -- Son of the petitioner is loanee of the Bank and the petitioner stood as one of the guarantors -- Petitioner gave his residential house as a collateral security -- Loanee committed default in making payment of the amount -- Petitioner made representation for release of his residential property from the respondent-Bank and to deposit the amount equivalent to market value of the property to the Bank, but still no action has been taken on his representation – Writ petition disposed of with a direction to the respondent- Bank to take action on the pending representation in accordance with law within a period of two weeks.
(Para 3-6)
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DAYA CHAUDHARY J. (ORAL) –
1. Notice of motion.
2. Mr. Rakesh Gupta, Advocate has put in appearance on behalf of respondents.
3. Learned counsel for the petitioner submits that son of the petitioner is loanee of the Bank and the petitioner stood as one of the guarantors. The petitioner gave his residential house as a collateral security. The loanee committed default in making payment of the amount. The petitioner being the guarantor is ready to pay the amount in lieu of his residential house.
4. Learned counsel for the petitioner further submits that the petitioner made representation dated 11.08.2020 (Annexure P-2) to the respondent-Bank for release of his residential property from the respondent-Bank and to deposit the amount equivalent to market value of the property to the Bank, but still no action has been taken on his representation. He further submits that the petitioner would be satisfied in case the directions are issued by this Court to take action on the pending representation moved by him within some stipulated period.
5. Learned counsel for the respondents submits that the respondent-Bank will take action on the pending representation made by the petitioner.
6. Without commenting anything on the merits of the case and by considering the limited prayer made by learned counsel for the petitioner for taking action on the pending representation, the present petition is disposed of with a direction to the respondent-State Bank of India to take action on the pending representation made by the petitioner dated 11.08.2020 (Annexure P-2) in accordance with law within a period of two weeks from the date of receipt of certified copy of this order. In case the presence of the petitioner is required while taking action on the pending representation, an intimation be sent to him for appearance on a particular date.
Order accordingly.
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