Court No. - 39
Case :- WRIT - C No. - 14606 of 2019 Petitioner :- Mithlesh Kumar Chaudhary And Another Respondent :- Northern Railway Primary Co-Operative Bank Limited And Another Counsel for Petitioner :- Subhash Chandra Tiwari
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Learned counsel for the petitioners is permitted to correct the title of the respondents today itself.
Heard Sri S.C. Tiwari, learned counsel for the petitioner. No one appears for respondents no. 1 & 2.
The facts of the case are that one Mukesh Kumar is stated to have taken loan from the respondent no.2, bank of which two petitioners were guarantors. Mukesh Kumar is stated to have left the job permanently. The petitioners do not deny their liability of Rs.5,37,799/- mentioned in the recovery notice dated 03.01.2019/31.01.2019 which is impugned herein but pray that the payment schedule may be deferred for 27 months.
It is not the business of the High Court to fix instalments for the petitioners or to defer the payment schedule which may be otherwise due and is admitted by the petitioners. This is for the respondents to consider in accordance with law and the conduct of the borrower. It is stated that the petitioners have represented before the respondent no. 2 through representations, copies of which have been filed at page 51 & 59 of the writ petition, which has been served in the office on 01.03.2019.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is disposed of with a direction to the respondent no. 2, Branch Manager, Northern Railway Primary Co-operative Bank Limited, Branch Office, Kanpur to consider and decide the petitioners' representations, copies of which have been filed at page 51 & 59 of the writ petition, in accordance with law within a period of three months from the date of receipt of a certified copy of the order in his office.
Along with the certified copy of the order, the petitioners shall provide copies of the representations also.
It is made clear that the Court has not adjudicated the claim of the petitioners on merit.
Order Date :- 26.4.2019/nd