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Rajasthan High Court · body

2008 DIGILAW 1346 (RAJ)

Kheta Rani v. State Bank of India

2008-05-13

H.R.PANWAR

body2008
JUDGMENT 1. - By the instant writ petition under Arts. 226 and 227 of the Constitution of India, the petitioner seeks quashing of order dated 22.06.2007 Annex. 1 by which Tehsildar (Revenue) issued proclamation for the auction of the property attached as the petitioner loanee failed to repay the loan amount. 2. By order dated 19.07.2007, the petitioner was directed to deposit a sum of Rs. 2,00,000/- within two months. 3. I have heard learned counsel for the parties. 4. On being asked to the learned counsel for the petitioner whether the petitioner has deposited Rs.2,00,000/- as directed by this Court vide order dated 19.07.2007, he submits that no such amount has been deposited till date. The fact is that the petitioner took the loan from the respondent Bank for the purpose of purchasing a tractor bearing No.RJ31-R-9820 and as per the terms of the loan agreement, the petitioner was to pay the interest on the said sum at the rate of 10.25% per annum. The petitioner failed to repay the entire loan amount i.e. 2,48,000/- and interest accrued thereon and, therefore a notice demanding loan amount was served on the petitioner. Despite notice, the petitioner failed to repay the loan amount with interest. Subsequently, the property of the petitioner was attached and it was put to auction. At that time, the petitioner filed a reply slating therein that he would deposit Rs.2,00,000/-, however, he failed to deposit as stated by the learned counsel for the petitioner. 5. Having regard to the facts and circumstances of the case, in my view, the order impugned cannot be said to be erroneous or suffers from any error of law. When the petitioner took loan and failed to repay the loan amount with interest for a long period, the respondents were justified in attaching and putting the property to auction. No case for interference is made out. 6. The writ petition is, therefore, dismissed. Ad interim stay order dated 19.07.2007 is vacated. 7. There shall be no order as to costs.Writ Petition Dismissed. *******