N. K. Industries And ANR. v. Indian Bank, Shyambazar 2 Branch And ORS.

OD-5 ORDER SHEET WPO/892/2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE N. K. INDUSTRIES AND ANR.

VS.

INDIAN BANK, SHYAMBAZAR 2 BRANCH AND ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 4th May, 2023.

Appearance:

Mr. Suchayan Banerjee, Adv.

Mr. Souradeep Banerjee, Adv.

Ms. Sanjana Sinha, Adv.

..for the petitioners Mr. Om Narayan Rai, Adv.

Mr. Piyas Choudhury, Adv.

..for the respondent Indian Bank The Court: After hearing learned counsel, the undisputed fact appears to be that the husband of the petitioner no.2 was a co-borrower in respect of a loan of Rs.225 lakhs taken by the 2nd petitioner's husband from the respondent Indian Bank.

The 2nd petitioner's husband/co-borrower died during the COVID-19 pandemic. The petitioners' proposal for an upfront settlement of a part of the loan, the petitioner submits, was not accepted by the Bank. The petitioners' account with IDBI Bank was thereafter debit-freezed on the

request made by the Indian Bank to IDBI Bank by a letter dated 17th March, 2023.

Learned counsel appearing for the Indian Bank submits that the petitioners' representation may be responded to and disposed of by the said Bank.

WPO/892/2023 is disposed of with a direction on the Indian Bank to consider the proposal of the settlement given by the petitioners on 3rd March, 2023 within a period of ten days from date. The Bank shall hear the petitioners and a copy of the reasoned order shall be made available to the petitioners within three days from the date of which the order is passed. (MOUSHUMI BHATTACHARYA, J.) sg.