JINCY MATHEW Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ appeal is filed by the petitioner in W.P.(C) No. 24709 of 2019 against the judgment dated 18.02.2020, by which the learned single Judge directed the State Bank of India to disburse the balance amount to the extent of 50% i.e., equal proportion to the writ petitioner as well as her husband i.e., 5 th respondent.

(2.) The subject matter relates to a joint property owned by the appellant and the 5 th respondent, who are wife and husband respectively. The said property was purchased by availing a loan from the respondent Bank. Admittedly, repayment was defaulted, consequent to which the Bank initiated action under the provisions of the SARFAESI Act . Ultimately, the Bank sold the property for an amount of Rs.72,86,400/- against the total amount of Rs.63,35,312/- due to the Bank. Therefore, there remained a balance amount which is liable to be paid to the writ petitioner as well as the 5th respondent being the joint owners of the property. However, fact remains, there is a family dispute pending by and between the writ petitioner and the 5 th respondent, and it seems a proceedings under the Protection of Women from Domestic Violence Act , 2005 is pending before the Metropolitan Magistrate's Court, Mumbai as C.C. No. 88/DV/2019. Therefore, the claim raised by the writ petitioner/appellant was that she is entitled to get the entire amount i.e., the remaining amount due from the respondent Bank. However, learned single Judge has found that since the writ petitioner and the 5 th respondent being joint owners are entitled to get 50% each of the balance amount due.

(3.) We have heard the learned counsel for the appellant and the learned counsel for the respondent Bank, and perused the pleadings and documents on record.