BALJEET SINGH S/O SHRI GURNAM SINGH Vs. THE GANGANAGAR KENDRIYA SAHKARI BANK
LAWS(RAJ)-2018-1-137
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on January 22,2018

Baljeet Singh S/O Shri Gurnam Singh Appellant
VERSUS
The Ganganagar Kendriya Sahkari Bank Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioner with a prayer for granting following reliefs :- "It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed : A] By an appropriate writ order or direction, the order impugned dated 04.10.2017 Annex-6 passed by the respondent No.4 vacating the stay order and dismissing the stay order be quashed and set aside. B] By an appropriate writ order or direction, the respondent bank be directed not to put the house of the petitioner in auction on 24.01.2018. C] By an appropriate writ order of direction, the respondent bank be directed to calculate simple rate of interest @ 10% per annum and thereafter, calculate the amount after deducting the amount deposited by the petitioner to the tune of Rs.10,68,000/- and thereafter, resettle the amount due to be deposited in installments. D] Any other appropriate order or relief which this Hon'ble court may deem just and proper in the facts and circumstances of this case may kindly also be passed in favour of the humble petitioner."
(2.) It appears that the respondent-Ganganagar Kendriya Sahkari Bank Limited, Sri Ganganagar (hereinafter to be referred as 'the respondent-bank') advanced a loan of Rs.15,00,000/- (Rupees fifteen lac) to the petitioner way back in the year 2012. The petitioner failed to pay a single installment as per the schedule of installments, then the respondent-bank started recovery proceedings and pursuant to that the house of the petitioner, mortgaged against the loan amount, was attached and put to auction vide proclamation dated 12.07.2016.
(3.) Being aggrieved with the same, the petitioner preferred a revision petition before the Additional Registrar Cooperative Society, Jodhpur (hereinafter to be referred as 'the revisional court').;


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