Court No. - 40
Case :- WRIT - C No. - 15518 of 2018 Petitioner :- Raj Kumar Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Radhey Shyam Yadav Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Abhai Kumar,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the petitioner and Sri R.K.Shukla, learned counsel for the respondent bank.
The grievance of the petitioner is that he having taken a loan had defaulted on account of various ailments that he has been suffering since 2014.
A supplementary affidavit has been filed in support of the same.
We have considered the submissions raised. The petitioner is a Loco Pilot Electric Train Driver in the Railways approximately getting a salary of Rs.85,000/- per month. There is nothing on record to indicate that his salary has been reduced or he is even otherwise facing any penury circumstances.
The loan which has been taken is for a Bolero vehicle which is a luxury item. The petitioner is therefore enjoying this luxury since the loan was taken and therefore he is liable to repay the said loan to the bank keeping in view the fact that he is defaulted. The petitioner does not deserves any discretion under Article 226 of the Constitution of India even otherwise no illegality has been pointed out so as to warrant interference. The writ petition is consigned to records.
Order Date :- 30.4.2018 R./