Disposed

Shankarlal Balramdas Gurbani and Another v. Hdfc Bank Ltd., Akola through Its Branch Manager and 2 Others

Bombay HC30 Mar 2015WP/1269/2015

Case brief

AI extract

What is this about?

This High Court bench disposed of a writ petition challenging a Banking Ombudsman's order. The petitioner claimed deficiency in service by the bank for demanding and retaining collateral security. The court found the security was supplied availing the term loan, barring the deficiency claim, but disposed of the petition without observing merits.

What did the court decide?

No costs.

Shankarlal Balramdas Gurbani and Another Vs Hdfc Bank… — Consumer Protection | Bombay HC (2015)

Order

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO. 1269/2015.

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Shankarlal Balramdas Gurbani and another.

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- VERSUS-

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HDFC Bank Ltd. And others.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P.DHARMADHIKARI & S.B.SHUKRE, JJ.

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DATE : MARCH 30, 2015.

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Heard Shri O.Y. Kashid, learned Counsel

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for the petitioners.

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Banking Ombudsman found condition of

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collateral security on Rs. 1.50 Crores for releasing the term loan of Rs. 2 Crores not excessive. Infact it is found that there was no deficiency in services. Shri Kashid, learned Counsel submits that when loan of Rs. 2 Crores was sanctioned there was no such condition.

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The petitioner has given other security to the satisfaction of the Bank and by abusing its position,

Order

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collateral security has been procured.

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Other contention is, petitioner has been making timely repayment and as on today the liability is brought down roughly to Rs. 83 lacs. Thus, while renewing the loan, at least a decision to release the collateral security or part of it could have been taken. According to him, not taking this decision amounts to not acting bonafidely in the matter, and therefore, there is deficiency in service.

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After hearing the learned counsel for the petitioner, we find that loan amount of Rs. 2 Crores has been disbursed to the petitioner on 22.03.2012. After about three years, amount in excess of Rs. 83 lacs is still to be repaid. The original sanctioned loan may not contain a term expressly for collateral security, but, before releasing the term loan it was asked for and petitioner has supplied it. Had petitioner objected to the said demand at that juncture, situation would have been different. Having supplied the collateral security and having availed term loan, it is apparent that grievance of deficiency in service cannot be made.

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However, as the loan is still to be repaid

Order

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completely, without observing anything on the merits of the controversy, we dispose of the Writ Petition at this stage. No costs.

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JUDGE JUDGE

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Rgd.

Shankarlal Balramdas Gurbani and Another v. Hdfc Bank Ltd., Akola through Its Branch Manager and 2 Others

Case brief

What is this about?

What did the court decide?

Shankarlal Balramdas Gurbani and Another v. Hdfc Bank Ltd., Akola through Its Branch Manager and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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