Janki Lal Jaiswal v. V. K. Rajput

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 512 of 2015 Janki Lal Jaiswal S/o Late Ram Swarup Jaiswal, Aged About 70 Years R/o H.I.G.-11, Sardar Vallabh Bhai Patel Nagar, Jamnipali, And Tehsil Katghora, District- Korba, Chhattisgarh ---- Petitioner

Versus

1. V. K. Rajput , Authorized Officer, (Recovery) & Chief General Manager Punjab National Bank, Circle Office, Vyapar Vihar, Near Deep Hotel, Bilaspur, Chhattisgarh

2. Xavier Lakra, Branch Manager, Punjab National Bank, Branch Darri, Sardar Vallabh Bhai Patel Nagar, Jamnipali, And Tehsil Katghora, District- Korba, Chhattisgarh ..........(Contemnors) ---- Respondents For Petitioner :

Shri Basant Dewangan, Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/12/2015 Heard.

1.

Learned counsel for the petitioner submits that despite interim order passed in favour of the petitioner that no coercive steps shall be taken towards recovery against the petitioner/ the guarantor, the respondent authorities have issued notice to the borrower and in that process, they have also issued notice with regard to the land and building bearing Khasra No.462/1 plot No.11, HIG, Sardar Vallabh Bhai Patel Nagar, District Korba (C.G.) which is the property held on lease hold rights by the petitioner and not by the borrower.

2.

This Court vide order dated 30.06.2014 had directed that till the next date of hearing, the respondents shall not take any coercive steps against recovery. However, it is made clear that this order shall not come in the way of bank from recovering the amount from the borrowers. The respondent shall examine his own records relating to loan transaction in favour of borrower. The documents in respect of the land of the petitioner as guarantor shall also be examined. If it is found that the land description of which has been given in the inventory, has been held on lease hold rights by the petitioner/guarantor, the Bank Officer shall take immediate steps to keep that property away from any attachment or sale proceeding till the interim order is continuing. This order shall be produced before respondent No.1, who shall pass necessary orders within a period of 15 days from the date of production of the document. In case, appropriate steps shall not be taken, the petitioner would be at liberty to revive the contempt petition.

3.

Accordingly, the contempt petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha