ANINDITA JENA Vs. GENERAL MANAGER

JUDGEMENT

(1.) Subject matter of both the Writ Petitions being same, they are taken up together for disposal by this common order.

(2.) Flat No. 229, Block-C, Type-F, Second Floor, Rajendra Vihar, Forest Park, Bhubaneswar is the subject matter of both the Writ Petitions. Anindita Jena, Petitioner in W.P. (C) No. 3056 of 2008 (hereinafter referred to as "Petitioner in the first Writ Petition") is the auction purchaser of the aforesaid property. She having failed to comply with the conditions of sale, the bid amount deposited by her was forfeited. Captain Aditya Prasad Jagaty, Petitioner No. 1 in W.P. (C) No. 9186 of 2010 (hereinafter referred to as "Petitioner in the second Writ Petition") is the owner of the aforesaid property & Petitioner No. 2 is his wife & guarantor for the loan availed by said Captain Aditya Prasad Jagaty for purchase of the aforesaid property.

(3.) Petitioner in the second Writ Petition was working as Security Officer in Punjab & Sind Bank (hereinafter referred to as "Opp. Party Bank"). During such incumbency, he, on 23.06.1998 availed a housing loan from the Opp. Party Bank. Originally, loan of Rs. 5,00,000 (five lakhs) was disbursed in three phases. Two additional loans of Rs. 1,00,000 (one lakh) & Rs. 1,31,885 (one lakh thirty-one thousand eight hundred & eighty-five) were disbursed subsequently on 16.12.1999 & 05.02.2003 respectively. During his incumbency as Security Officer in the Opp. Party Bank, he repaid certain amount. Subsequently he resigned from service to pursue lucrative business avenues. He stopped repaying the loan, resulting in huge outstanding dues & classification of the debt as N.P.A.