Ramchandra Vs. Ganganagar Central Co-op.Bank and ors

Ramchandra vs Ganganagar Central Co-op.Bank and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Apr 15, 2013

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Citation: sooperkanoon.com/973363
Court: Rajasthan Jodhpur High Court
Decided On: Apr 15, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Ramchandra

Respondent

Ganganagar Central Co-op.Bank and ors

Excerpt

.....the same if the loan amount is not deposited within 15 days. admittedly, during pendency of this writ petition, the property of respondent no.4 has been auctioned and rs. 4,30,000/- is adjusted towards oustanding and respondent bank now decided to recover remaining amount of rs. 66,590/-. learned counsel for the petitioner submits that in annex.r/3 filed alongwith reply by the ganganagar central co- operative bank ltd, anoopgarh, it is specifically observed that total amount of rs. 66,590/- is due in which interest upto 31.03.2013 has been calculated meaning thereby respondent bank calculated interest for the period in which stay order is operating. learned counsel for the petitioner s ubmits t hat since 2007, stay is operating, therefore, respondent cannot 2 calculate the interest w.e.f 17.08.07 to 31.03.2013. it is also submitted that respondent bank cannot auction the property of petitioner in pursuance of annex.3 because rs. 4,31,000/- have already been recovered by way of auctioning the agricultural land of respondent no.4., therefore, the proclamation for attachment of petitioner's property annex.3 may be quashed. after hearing learned counsel for the parties, i am of the opinion that petitioner and respondent no.4 were liable to pay interest upto 17.08.07, therefore respondent cannot calculate the interest from 17.08.07 to 31.03.2013, therefore the proclamation of attachment annex.3 dated 30.07.2007 is hereby quashed and set aside with liberty to the bank to recover the remaining amount in accordance with law but shall not charge interest for the period after 17.08.07. the respondent no.4 will also be at liberty to raise his grievance, if excess amount is recovered from him. the writ petition is allowed in above terms. (gopal krishan vyas), j.bjsh

Full Judgment

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JDOHPUR ORDER S.B. CIVIL WRIT PETITION NO. 4986/2007 (Ram Chandra Vs. Ganganagar Central Co-operative Bank Ltd) Date of Order ::

15. 04.2013 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.L. Jain, for the petitioner. Mr. B.S. Sandhu, for the respondent. Mr. Trilok Joshi ] Heard learned counsel for the parties. This writ petition was filed on 14.08.07 with prayer to quash the proclamation issued on 30.07.2007 by the respondent Bank whereby, the property of the petitioner was attached and an order was made to auction the same if the loan amount is not deposited within 15 days. Admittedly, during pendency of this writ petition, the property of respondent no.4 has been auctioned and Rs. 4,30,000/- is adjusted towards oustanding and respondent Bank now decided to recover remaining amount of Rs. 66,590/-. Learned counsel for the petitioner submits that in Annex.R/3 filed alongwith reply by the Ganganagar Central Co- operative Bank Ltd, Anoopgarh, it is specifically observed that total amount of Rs. 66,590/- is due in which interest upto 31.03.2013 has been calculated meaning thereby respondent Bank calculated interest for the period in which stay order is operating. Learned counsel for the petitioner s ubmits t hat since 2007, stay is operating, therefore, respondent cannot 2 calculate the interest w.e.f 17.08.07 to 31.03.2013. It is also submitted that respondent Bank cannot auction the property of petitioner in pursuance of Annex.3 because Rs. 4,31,000/- have already been recovered by way of auctioning the agricultural land of respondent no.4., therefore, the proclamation for attachment of petitioner's property Annex.3 may be quashed. After hearing learned counsel for the parties, I am of the opinion that petitioner and respondent no.4 were liable to pay interest upto 17.08.07, therefore respondent cannot calculate the interest from 17.08.07 to 31.03.2013, therefore the proclamation of attachment Annex.3 dated 30.07.2007 is hereby quashed and set aside with liberty to the Bank to recover the remaining amount in accordance with law but shall not charge interest for the period after 17.08.07. The respondent no.4 will also be at liberty to raise his grievance, if excess amount is recovered from him. The writ petition is allowed in above terms. (GOPAL KRISHAN VYAS), J.

Bjsh

Same Court & Year Rajasthan Jodhpur · 2013 Same Parties Ramchandra vs Ganganagar Central Co-op.Bank and ors Same Subject Land Acquisition