PRANAB KUMAR GOSWAMI Vs. UCO BANK AND ORS.

JUDGEMENT

(1.) Heard Mr. N Nath, learned counsel representing the petitioner. Also heard Mr. S Chamaria, learned counsel representing all the respondents. The same set of counsels represent the respective parties in both the cases, which are taken up together and decided by this common order. Barring a few facts, both the writ petitions are laid on the same premises in so far as the grounds of challenge are concerned.

(2.) The petitioner was a Bank Officer who had retired from service on 31.12.2012 in his capacity as the Senior Manager, Zonal Office of UCO Bank, Guwahati. While he was in service as Senior Manager of Dhaligaon Branch, UCO Bank, his son, i.e., Sri Debabrata Goswami had applied for Education Loan to the Dhaligaon Branch for an amount of Rs. 4 lakhs. The said Education Loan was sought for the purpose of pursuing B.Tech Course at Chennai. The petitioner herein stood as the Guarantor to the said loan. The application of the son of the petitioner was duly forwarded to the Zonal Office and the said Zonal Office, in turn, sanctioned the Education Loan of Rs. 4 lakhs. A loan agreement to that effect was executed by and between the parties. As indicated above, the petitioner retired from service on 31.12.2012 and he was allowed a pension of Rs. 30,140.00 and for facilitating the credit of the monthly pension, he maintained a Pension Account bearing A/C No. 05720100003320. It is the case of the petitioner that soon after his son completed the B.Tech Course, there was strained relationship between them as a result of which he was not aware as to whether any payment of monthly instalments against the loan had been made by his son. According to the petitioner, prior to 21.11.2014 he did not receive any letters from the Bank in connection with any outstanding amount of the loan. It was only during Dec. 2014, when his son brought to his knowledge the letter dated 21.11.2014 issued from the Bank which indicated that the petitioner is required to repay the outstanding loan amount. Immediately thereafter, the petitioner had approached the Dhaligaon Branch of the UCO Bank to inquire into the matter with request that he be allowed time in order to persuade his son and to discuss for an earlier settlement of the loan amount.

(3.) The cause of action for instituting the present proceedings arose on and from 03.04.2015 when the petitioner while using his ATM Card pertaining to his Pension Account could not withdraw any money from the ATM of Bhetapara Branch of the UCO Bank. The response slip indicated unauthorised card usage'. A similar response was also received by the petitioner when he tried to withdraw money at the ATM of the Dispur Branch of the UCO Bank. Aggrieved, he visited the Branch Head, UCO Bank, Dispur Branch on 04.04.2015 and submitted a Representation to that end. The petitioner was informed by the Branch Head that the Deputy Zonal Head, Zonal Office, Guwahati had sent an e-mail on 29.03.2015 to the Chief Manager, UCO Bank, Dispur Branch advising freezing of the Pension Account for debit entries and for deducting the arrear Equated Monthly Instalment (EMI) on the loan account. On the basis of the said e-mail, an endorsement was made in the Representation of the petitioner dated 04.04.2105 indicating that the account has been frozen on 30.03.2015 as per Zonal Office e-mail dated 29.03.2015.