LAWS(CAL)-2018-12-105

NADIA COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LIMITED & ANR Vs. GOLAK CHANDRA GHOSH & ORS

Decided On December 12, 2018
Nadia Cooperative Agriculture And Rural Development Bank Limited And Anr Appellant
V/S
Golak Chandra Ghosh And Ors Respondents

JUDGEMENT

(1.) Let the affidavit filed in Court today by Cooperative Agriculture and Rural Development Bank Limited be taken on record.

(2.) Perusing paragraph 4 of the said affidavit, it appears that a sum of Rs.1,01,540/- is receivable by the respondent no.1/writ petitioner. However, from paragraph 6 of the same affidavit, it appears that he took a Staff House Building Loan for a principal amount of Rs.66,363/- where interest of Rs.84,613/- (calculated at the rate of four per cent) has accrued, totalling to a sum of Rs.1,51,275/-. In the same paragraph 6 it has been stated that a further loan was taken as House Building Loan (General) by the respondent no.1/writ petitioner with his wife Bharati Ghosh, the principal amount being Rs.57,477/- and interest amount payable by the respondent no.1/writ petitioner being a sum of Rs.1,33,969/-, totalling to a sum of Rs.2,02,446/-.

(3.) This apart, in paragraph 5 of the said affidavit, it has been stated that the respondent no.1/writ petitioner has submitted a statement acknowledging that he had received loan of Rs.76,400/- from different loanee members of the Bank, of which he has repaid only Rs.7,400/-. Therefore, a sum of Rs.69,000/- was the amount due and payable by the respondent no.1/writ petitioner. The respondent no.1/writ petitioner, however, contends to have repaid the full amount.