Court No. - 34
Case :- WRIT - C No. - 30948 of 2019 Petitioner :- Arun Kumar Garg Respondent :- Indian Bank Muradnagar Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- Amrish Sahai
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Mr. Arun Kumar Garg,learned counsel for petitioner and Sri Amrish Sahai, learned counsel for respondent-Bank.
2. Petitioner is seeking a mandamus commanding Respondent-Bank to release jewels gold ornament kept as security for Jewels Account No. 6119148623.
3. Learned Counsel representing the respondent-Bank upon instructions submits that the Jewels Account of Petitioner-Arun Kumar Garg has been closed on 27.11.2014. Petitioner was a guarantor of OCC account of Rs. 7.00 Lakhs and term loan of Rs. 1.25 Lakhs, which was taken in the name of M/S Tam Glass Tech and Glaziers Ltd. The said account become NPA on 03.11.2018 and concerned Bank has sold all mortgaged properties and machinery on 29.03.2017. The proceeds from aforesaid sale were adjusted in repayment of loan amount but still there is outstanding balance of Rs. 6.11 Lakhs i.e. principal amount Rs. 1.25 Lakhs and interest amount Rs. 4.86 Lakhs as on date i.e. 24th September 2019.
4. The letter sent by Bank to learned counsel appearing for the Bank is placed before us for perusal. It shall form part of record. These facts have not been disclosed by petitioner in the writ petition and when questioned, counsel for petitioner could not explain even though petitioner admits that he was a director of M/s Tam Glass Tech and Glaziers Ltd and admittedly there was loan amount outstanding against the Firm and all these facts must be within his knowledge.
5. We find that this writ petition has been filed by concealing material facts. Thus petitioner has not approached this Court with clean hands.
6. It is accordingly dismissed.
Order Date :- 26.9.2019 YK