Madhya Pradesh High Court
Purushottam vs State Bank Of India Racpc on 14 February, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 WP-3363-2020
The High Court Of Madhya Pradesh
WP-3363-2020
(PURUSHOTTAM Vs STATE BANK OF INDIA RACPC AND OTHERS) 1 Indore, Dated : 14-02-2020 Shri Manoj Kumar Shrivastava, Advocate for the petitioner. This writ petition under Article 226/227 of the Constitution of India is directed seeking indulgence by this Court in the matter of proposed action under section 13(2) of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Upon perusal of communication by the bank dated 31/12/2019 (Annexure P/14) to the petitioner in the context of home loan, we are of the view that the allegations made in the writ petition are bald and vague in nature based on misgiving of facts.
This writ petition appears to have been filed with an ulterior motive to avoid repayment of bank loan with collateral purpose to coil the entire matter in the laybrinth of litigation.
Even otherwise, the subject matter is in the realm of commercial transaction of loan and non-payment thereof for which no interference is warranted under Article 226 / 227 of the Constitution of India.
Writ petition sans merit and is hereby dismissed.
(ROHIT ARYA) (SHAILENDRA SHUKLA)
JUDGE JUDGE
b/-
Digitally signed by M
V R BALAJI SARMA
Date: 2020.02.17
17:05:14 +05'30'