Odisha Gramya Bank, Gobardhanpur Branch v. The Principal, Vyasa Nagar College, Jajpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6387 of 2022 Odisha Gramya Bank, Gobardhanpur Branch, Jajpur ....

Petitioner Mr. Aurovinda Mohanty, Advocate -versusThe Principal, Vyasa Nagar College, Jajpur and others ....

Opposite Parties Mr. YSP Babu, AGA for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

04.04.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard Mr.A. Mohanty, learned counsel for the Petitioner and Mr. YSP Babu, learned counsel for the State.

3.

Odisha Gramya Bank, the Petitioner herein, has filed this writ petition seeking direction to Opposite Party No.1-The Principalcum-DDO, Vyasanagar College, Jajpur to deduct the monthly installments from the salary of the respective borrower/loanee private Opposite Party Nos.23 to 4 against the outstanding loan amount till the same is clear up, and further to pass necessary order to deduct the overdue outstanding loan amount from the monthly pension of the private Opposite Parties, who have retired/expired in the meantime.

// 2 // 4.

Mr. Mohanty, learned counsel appearing for the Petitioner contended that as per the scheme introduced by the Odisha Gramya Bank in the name and style of "OGB Housing Loan Scheme", it provided loan to the salaried employees of different offices of the State and others. The private Opposite Parties, who are working under the administrative control of Opposite Party No.1 applied for term loan under the said scheme as per prescribed format through the concerned DDO i.e. Opposite Party No.1 for repairing of his existing houses. As per the prescribed procedure, the respective applications were forwarded to the Petitioner-Bank through Opposite Party No.1 on different dates on verification of their service particular by the latter. The Opposite Party No.

1 as the DDO, had given its approval and undertakings to remit salary to private Opposite Party Nos.2 to 4 to their savings bank accounts maintained with the bank for necessary deduction of EMI till liquidation of loan and would get clearance from the bank after closure of the loan accounts. Then, the Petitioner-bank agreed to release the loan in favour of private Opposite Party Nos.2 to 4. It is stated that under the scheme different amounts towards loan were sanctioned in favour of private Opposite Parties with a condition to repay the said loan amount in different equated monthly installments, as per their respective applications. At the time of availing loan, the respective loanee/borrower submitted a self declaration and undertakings given by the opposite party no.

2/employee as well as an irrecoverable letters of authority, were issued by the D.D.O-Opposite Party No.1 as the DDO with a condition to deduct the EMI from the monthly salary of loanee/borrower and remits the same by crediting to the loan account.

// 3 // the same were to be completed as per the agreement period and after completion of EMI period, when the loan amount is paid NOC was to be issued by the Petitioner-bank.

5.

As is reported, since the EMI amount was not transmitted to the bank as undertaken vide authorization letter, the bank issued pleader notice dated 24.12.2018, which was sent through Registered Post on 29.01.2019 calling upon private Opposite Party Nos.2 to 4along with DDO-Opposite Party No.1 alleging violation of terms and conditions of undertakings, which were submitted in respect of irrecoverable letter of authority. Thereby, they were called upon to pay the amount within seven days from the date of receipt of notice either by deducting from the monthly salary/pension of the notices or otherwise necessary legal proceeding, as deemed fit and proper, would be initiated against private Opposite Parties as well as D.D.O., Opposite Party No.1 for his deliberate laches in adhering to irrevocable letter of authority.

6.

In course of hearing, learned 24.12.2018, which was sent through Registered Post on 29.01.2019 issued to the private Opposite Party Nos.2 to 4along with DDO-Opposite Party No.1 has not been responded by them and, as such, the Petitioner bank may be permitted to take necessary steps against them pursuant to irrecoverable letter of authority submitted by the DDO-Opposite Party No.1.

7.

Considering the limited nature of grievance made by the Petitioner, this Court is of the considered view that no useful purpose would be served if the matter is kept pending before this

// 4 // Court, rather interest of justice would be best served if the writ petition is disposed of directing the private Opposite Parties along with DDO-Opposite Party No.1 to respond the pleader's notice issued by the Petitioner-Bank vide Annexure-3 dated notice dated 24.01.2018, which was sent through Registered Post on 29.01.2019, as expeditiously as possible, preferably within a period of two months from the date of communication of this order, failing which, steps in accordance with irrecoverable letter of authority submitted by DDO-Opposite Party No.1 shall be taken by the Petitioner-Bank enabling to recover the dues in accordance with law. If the same has already been paid and adjusted, the Petitioner-Bank may not take further steps in terms of the said letter.

8.

Since this order as being passed in absence of the private Opposite Parties, if they so like, they may file an application for recalling/modification of this order.

9.

With the above observation and direction, the writ petition is disposed of.

(A.K. Mohapatra) Judge U.K.Sahoo