LAWS(BOM)-2020-12-289

JAYACHANDRAN SOLAI NADAR Vs. MINISTRY OF FINANCE

Decided On December 08, 2020
Jayachandran Solai Nadar Appellant
V/S
MINISTRY OF FINANCE Respondents

JUDGEMENT

(1.) Petitioner has filed this petition seeking a direction to restrain the Respondent Bank from taking coercive action by engaging unauthorized personnel to recover the amount of loan from the Petitioner by force and other ancillary reliefs.

(2.) The Petitioner had taken loan from Respondent Bank for purchase of vehicles. It is the Petitioner's case that Petitioner was dutiful in making repayment of the loan, but due to the situation brought about by COVID 19 Pandemic and irregularities in the bank on whose finances the Petitioner was dependent, he could not pay the EMIs as these circumstances were beyond his control. It is his case that by employing unauthorized persons, the Respondent Bank is trying to recover the dues by force.

(3.) Reply affidavit is filed on behalf of the Respondent Bank by Mr. Ashish Gosewade, Assistant Vice President - Retail Banking. He has raised objection to the maintainability of the petition and has refuted the charge that any coercive steps through unauthorized persons have been taken against the Petitioner.