Branch Manager, Citizen Cooperative Ltd. v. Molvi Mohd. Youssaf
2012-05-25
Sanjay Gupta
body2012
DigiLaw.ai
1. This revision petition has been filed by bank against the order of Registrar dated 27.3.2010,by virtue of which it has been directed by the Court below that,respondent shall deposit Rs. 30,000/- with bank as remaining loan amount. 2. Petitioners have challenged the impugned order on the grounds that,Officer below has completely failed to exercise jurisdiction vested to him. That despite the facts that an amount of Rs.1,99,717 /- was outstanding against the respondent, Court below directed respondent to dopiest Rs,. 30,000/-. That Court below failed to appreciate that money lying in the bank was public money and respondent can not be absolved from paying interest. That statement of account of bank clearly shows that, up to 30.32009 an amount of 1,99,717 was outstanding against respondent. 3. I have heard both the counsels at length and perused the records. 4. From the perusal of records it reveals that, respondent filed a petition seeking settlement of loan amount before Registrar Cooperative Societies on 28.2.2009. In the petition, respondent stated that he obtained housing loan of Rs. 1.5 lacs from bank and it was obtained on 3.10.2001. That while taking loan, he mortgaged his plot on which respondent raised construction. That he got seriously ill and some default were occurred, while paying the installments. That as per his calculations, a total amount of Rs. 1.65 has been repaid in regular installments. That he made a detailed representation with bank, but no response has been shown by bank. That he hardly earns Rs. 1500/- per month. 5. On this petition, bank filed objections and stated that numbers of default has been made by borrower ad as on 29.2.2009,an amount of Rs. 1.79144 is outstanding against the petitioner. Court below after appreciating the all facts of the case passed the impugned order. The concluding Para of orders reads as under: The account turned NPA on 31.3.2003. As per the account statement submitted by the bank an amount of Rs. 199717/- of which Rs. 1,80,644/- and Rs. 19073 principal and interest respectively was outstanding against the petitioner as on 30.9.2009. 6. The account statement indicating the position of credits and debits duly sealed and signed by the authorized signatory of the Bank refers to the amount of outstanding and Rs, 179769/- and Rs. 31.3.2003 the date of NPA. The petitioner has repaid an amount of Rs. 1, 70,000/- till date besides willing to pay Rs.
6. The account statement indicating the position of credits and debits duly sealed and signed by the authorized signatory of the Bank refers to the amount of outstanding and Rs, 179769/- and Rs. 31.3.2003 the date of NPA. The petitioner has repaid an amount of Rs. 1, 70,000/- till date besides willing to pay Rs. 30,000/- more, thus aggregating the total repayments 9to Rs. 2.00 lacs. 7. The petitioner shall, therefore, fulfill his commitment and pay an amount of Rs. 30,000/- to the respondent bank, which shall be credited to the amount outstanding against the petitioner as on 31.3.2003. The amount of Rs. 30,000/- shall be paid in one statement within one month from the date the copy of this Order is served upon the petitioner by respondent bank. 50% of Rs. 19073/- interest recoverable as per the account statement of the bank shall also be paid by the petitioner to he respondent bank within three months, beginning from the date of remittance of Rs. 30,000/-. The file to go to the records after due completion and interim orders if any, shall be deemed to have been withdrawn. 8. I have given my thought consideration to whole aspects of matter. 9. All money lying in the banks and financial institution are public money and banks and other financial institutions, survive on the interest gathered on loan amount given to barrowers. The Courts, where litigations are filled with regard to recovery of loan, have to keep this aspect in mind, while adjudicating upon the matter. 10. In the present case, respondent approached the Court below on 28.2.2009 and so he was duty bound to pay all outstanding including interest up to that date and till its liquidation. It was not the case of respondent that, he will pay the loan amount, which have become due on 31.3.2003 the date on which his account was turned NPA. The Court below while deciding the matter has himself, taken into the considerations with regard to loan amount up to 31.3.2003, despite the fact that respondent never made such prayer. Respondent filled petition only in the year 2009, with prayer before court below that,action of respondent bank, with regard to recovery of loan amount be set aside, as he has already paid the loan amount.
Respondent filled petition only in the year 2009, with prayer before court below that,action of respondent bank, with regard to recovery of loan amount be set aside, as he has already paid the loan amount. Statement of account and certificate, furnished by the bank before Court below, clearly reveals that, amount mentioned in the objection, was outstanding against the respondent. 11. Section 4 of Bankers books evidence act 1977 reads as under:- Mode of proof of entries in banker's books. Subject to the provisions of this Act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. Bare perusal of this section, it is manifest that, certified copy of entry in banker's book shall be considered as prima facie evidence with regard to accounts, in all legal proceedings. 12. In present case, respondent did not dispute the statement of accounts furnished by the bank before the Court below. 13. In this way order of Court below is mysterious, against pleading and is not according to law. Accordingly, it is set aside. Case file is remanded to court below for passing fresh order under law. Parties to appear before court below on 15.6.2012 14. Record is sent to court below along with this order. Court file be consigned to record.