Disposed

Punam Singh and Ors. v. Punjab National Bank and Ors.

Patna HC28 Aug 2012CWJC/261/2005

Case brief

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What is this about?

This is a writ petition by guarantors against Punjab National Bank for the return of a fixed deposit Amount was adjusted due to loan default of a third party Respondents approached Banking Ombudsman for adjudication Liberty granted to petitioners. Adding oriental errors 1e this case. 009909

What did the court decide?

Application disposed with liberty to approach Banking Ombudsman within one month for adjudication of grievances.

Punam Singh and Ors. Vs Punjab National Bank… — Contract and Commercial Disputes | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.261 of 2005

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====================================================== 1. Punam Singh, Daughter of Late Umeshwar Prasad Singh, wife of Sri Binay Singh, resident of Village Kopa Khurd, P.O. + P.S. Naubatpur, District- Patna 2. Girija Devi, Daughter of Late Umeshwar Prasad Singh, wife of Sri Gopal Prasad Singh, resident of village Gopalpur, P.O. Shadabad, P.S. Rani Talab (Bikram), District- Patna 3. Dewanti Devi, Daughter of Late Umeshwar Prasad Singh, wife of Sri Arbind Sinha, resident of village Newa, P.S. Punpun, District- Patna 4. Anita Devi, Daughter of Umeshwar Prasad Singh, wife of Sri Bhuneshwar Singh, resident of village Chauthiya, P.O.+P.S. Bikram, District- Patna. .... .... Petitioner/s Versus 1. Punjab National Bank through its Zonal Manager, R-Block, Patna 2. The Zonal Manager, Punjab National Bank, R-Block, Patna 3. The Regional Manager, Punjab National Bank, Exhibition Road, Patna 4. The Branch Manager, Punjab National Bank, Simri Bihta Branch, P.O.+P.S. Bihta, District- Patna. .... .... Respondents 1^st set 5. Anil Kumar, son of Sri Krishna Singh, resident of village Pandeypur, P.O. Neaura, P.S. Bihta, District- Patna. …. …. Respondent 2^nd set. ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Ranjan Pandey Mr. Varun Kr.Trivedi Mr. Rakesh Narayan Singh Mr. Prabhat Ranjan Singh For the Respondent/s : Mr. Sunil Kumar Singh I ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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10 28-08-2012 Petitioners have filed this writ application for a direction to the Bank for payment of the amount of Fixed Deposit, deposited in the Bank vide T.D.R. No.1347.

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Case of the petitioners is that father of the petitioners had stood as guarantor to the loan sanctioned to respondent no.5. Till their father was alive, respondent no.5 used to pay the installments

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Patna High Court CWJC No.261 of 2005 (10) dt.28-08-2012

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of the loan in time. However, after his death, he stopped payment due to which amount became N.P.A.. Father of the petitioners had Fixed Deposits in the Bank. Since loan of respondent no.5 had become N.P.A., Bank adjusted the Fixed Deposit amount against the outstanding loan of respondent no.5.

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Learned counsel for the Bank submits that after the death of their father, petitioner no.1 had also become guarantor to the loan of respondent no.5. Hence, in that situation, Bank has adjusted the amount of Fixed Deposit against the outstanding loan.

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It is not disputed that the father of the petitioners was guarantor and after his death, petitioner no.1 had become guarantor. However, petitioners claim that the amount of Fixed Deposit should not have been adjusted against the loan of respondent no.5 and loan amount should have been realized from respondent no.5 as he was having sufficient property.

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Learned counsel for the Bank submits that Banking Ombudsmen is functioning where petitioners can raise their grievances, which can go into the issues of facts as well as law and consider the plea of the petitioners.

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In the circumstances, this writ application is disposed of with liberty to the petitioners to approach the Banking Ombudsmen and file proper application in its office at Reserve

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Patna High Court CWJC No.261 of 2005 (10) dt.28-08-2012

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Bank of India, Patna for invoking its jurisdiction within one month from today. If petitioners do so, Banking Ombudsmen shall consider the application and make endeavours to decide the matter in accordance with law as early as possible and, in any case, within three months from the date of filing of application by the petitioners.

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(Jayanandan Singh, J)

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Pradeep/-

Punam Singh and Ors. v. Punjab National Bank and Ors.

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Punam Singh and Ors. v. Punjab National Bank and Ors.

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