PARWATI DEVI Vs. BANK OF BARODA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned possession notice dated 24.05.2016 and auction notice dated 15.06.2016. A writ of mandamus has also been sought for a direction to the respondents to grant some time for repayment of the remaining loan amount of respondent bank by providing entire details/statement of loan amount.

(3.) Brief facts of the case, as narrated in the writ petition, are that petitioner is a widow and illiterate lady and is owner of property/land total area 1.06 hectare situated at Village Udaipuri Kamola, Paragna Bhawar Kota, Kaladhungi, Tehsil Kaladhungi District Nainital in khata no.10, 15 and 16 depicted by various khata numbers. Son of the petitioner availed loan from the respondent bank for his business purpose. Petitioner is guarantor of the said loan. While availing the said loan, petitioner's son got mortgaged the aforesaid land of the petitioner, but due to some financial constraints, he could not deposit the installments on time. Due to non-deposit of installments on time, the Bank issued demand notice to the petitioner. On receiving the demand notice, the petitioner requested for some time but the bank did not pay any heed towards his request and, ultimately on 24.5.2016, respondent bank issued possession notice in respect of the property, showing an amount of Rs. 40,80,653/- due against the petitioner's son.