Court No. - 29
Case :- WRIT - C No. - 41747 of 2018 Petitioner :- Pradeep Kumar Singh And 2 Others Respondent :- State Bank Of India And 3 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Ranjit Saxena, learned counsel for the petitioners and Sri Vivek Mishra, learned counsel for the State Bank of India, respondent no. 1.
The petitioners have been issued a notice dated 25.10.2018 stating that he is guarantor to the loan granted to one Kamla Yadav and as such in the event of non payment of dues of the Bank, the Banking authorities would be compelled to recover the amount from the petitioners.
The contention of learned counsel for the petitioners is that they are neither the borrowers nor the guarantors of any loan which fact has been disputed by the learned counsel for the Bank and it has been submitted that there is contract of guarantee executed by the petitioners in respect of the above loan.
The petitioners till date have not been served with any notice nor any citation of recovery and as such petitioners may reply to the above notice and take whatever legal remedies are open to them in law.
This Court is not in a position to take evidence so as to decide as to whether the petitioners are guarantor of any loan amount or not.
In view of the above we refrain ourselves from exercising our discretionary jurisdiction in the matter and leaves it open for the petitioners to take appropriate proceedings before any other forum which may be available to them in law.
The petition is disposed of accordingly.
Order Date :- 18.12.2018 SKS