RAMJANKI RATHORE Vs. STATE OF M. P.

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition being aggrieved by letter dated 17.6.2008 issued by the respondent-State Bank of India for taking coercive steps as the loan amount sanctioned to the petitioner has not been reimbursed.

(2.) THE contention of the petitioner is that she has purchased a plot and for construction of house and the State Bank of India was approached for grant of financial assistance and necessary documents were signed by the petitioner. The petitioner has further stated that after signing of the documents she has not received the loan amount and in spite of this a notice was issued to the petitioner under section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner has further stated that she has approached Debt Recovery Tribunal, challenging the notice issued under section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Annexure P-7) and in spite of the fact that the matter was subjudice before the Debt Recovery Tribunal, Jabalpur, the respondents are taking steps to take possession of the house. The learned counsel for the petitioner has argued that without disbursement of loan amount the State Bank of India has no right to recover the loan amount.

(3.) HEARD learned counsel for the parties at length and perused the record.