Sh. Katar Singh Bhati v. Jain Coop. Bank Ltd. And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7851/2024 & CM APPL. 32475/2024 SH. KATAR SINGH BHATI ..... Petitioner Through:

Mr. Sanjeev Kumar and Mr. Adarsh Kumar, Advocates (through VC) versus JAIN COOP. BANK LTD. AND ORS ..... Respondent Through:

Mr. Karn Bhardwaj, ASC, GNCTD with Mr. Shubham Singh, Mr. Rajat Gaba and Mr.

Saurabh Dahiya, Advocates for R-2

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 28.05.2024 1.

Present writ petition has been filed challenging the notice dated 05th February, 2024 for attachment of salary, retirement benefits and other allowances of the Petitioner to recover the outstanding loan amounts. 2.

Learned counsel for the Petitioner states that vide order dated 24th May, 2023, Respondent No. 2/Assistant Collector-I directed attachment of Rs. 10,000/- per month from the salary of the Petitioner to the extent of Rs.72,465/- up to 30th April, 2009 plus further interest of 15+2% from 01st May, 2009 for recovery of loan availed by Respondent No. 3. He, however, states that Petitioner did not stand surety for Respondent No. 3. He states that no attempt has been made by Respondent No. 1 to recover the outstanding amount from Respondent No. 3. He alleges that Respondents in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2024 at 12:20:20

connivance with each other are attempting to extort money from the Petitioner. He contends that the rate of interest is unrealistic and exorbitant. 3.

Having perused the writ petition, this Court is of the view that it is riddled with contradictions. In ground 'A', the Petitioner has averred that the Petitioner does not know Respondent No. 3/Joginder. However, in Ground 'B', petitioner has averred that the Petitioner has "consciously stood surety for Respondent No. 3 and one Joginder".

4.

At this stage, learned counsel for the Petitioner states that he has committed a mistake. However, this Court is not convinced with the said explanation, which is clearly an afterthought. 5.

Accordingly, the present writ petition is dismissed.

Pending application is disposed of.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 28, 2024/msh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2024 at 12:20:20