ARIN SANYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ petition has been filed, challenging the order dated 02.11.2006 passed by the Assistant Registrar of Co-operative Society North 24-Parganas in connection with Dispute Case No. 20 of 2006 and also for an order directing the respondent No. 2 to take recourse to the provision of the law for having the loan amount recovered from the respondent No. 5 Gour Aich Mazumdar or through his employer being respondent No.6.

(2.) THE respondent No.5 herein Gour Aich Mazumdar, an employee of Eastern Railway, applied for loan to the respondent No. 2. THE writ petitioner herein stood as Guarantor for the repayment of the loan borrowed by the respondent No. 5 from respondent No.2. On completion of the formalities, as amount of Rs. 40000/- was sanctioned. THE aforesaid amount was to carry interested @ 16.5% per annum. THE principal amount with interest was required to be paid in 60 monthly instalments.

(3.) AGGRIEVED by the aforesaid order, the Bank preferred an appeal. In allowing the appeal in-part, the learned Tribunal passed the order to the extent that the principal loanee and the writ petitioner would have jointly and severely liable for the repayment of loan.