LONGJAM NARAHARI SINGH Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Shri N. Mahendra, learned counsel appearing for the petitioner; Shri K. Jagat, learned Govt. Advocate appearing for the respondent No. 1 an Shri Samom Ibjen, learned Advocate appearing for the respondent No. 2.

(2.) BY this writ petition, the petitioner is seeking for a direction from this court to direct the respondent No. 2 to allow him to operate his Savings Bank Account No. 10329790536 maintained at the State Bank of India, Imphal Secretariat Branch.

(3.) THE writ petition is vehemently contested by the respondent No. 2 by filing an affidavit -in -opposition contending that the writ petition is not maintainable at all because the issue involved herein is purely contractual one. It is further stated that the petitioner stood as Guarantor in respect of the Fishery Loan granted to one Shri Akhom Nimai Singh by executing a Deed of Guarantee and in the "Certificate from the Employer" issued by the State Government and produced by the petitioner, he has agreed to allowing the respondent No. 2 to deduct money from his account towards the re -payment of the loan amount. Despite its repeated demand notices and reminders, since the petitioner failed to persuade the borrower Shri A. Nimai Singh to regularise his loan account, on 31 -10 -2014, a notice was served upon the petitioner informing that the outstanding amount would be deducted from his Savings Bank Account and for that purpose, the petitioner was not permitted to withdraw money from his account.