ASHOK GOEL Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) THE instant petition has been filed with a prayer for quashing the letter dated 24.03.2010 (P-5) whereby the request of the petitioner for deleting the accrued interest after the date the amount has been declared NPA has been rejected by the Higher Authorities and the intimation has been sent to the petitioner. THE petitioner has been advised to deposit the entire amount of Rs. 24,63,442.72/- plus interest till the date i.e. 24.03.2010. THE letter also specified that otherwise the Bank was to continue the action initiated for recovery of dues. In the letter dated 25.01.2010 (P-4), the petitioner has categorically stated that they were prepared to deposit a sum of Rs. 24,63,442.72/- in lump sum. When we asked the counsel for the petitioner to deposit the aforesaid amount, he sought instructions from petitioner-Shri Ashok Goel and after receiving instructions he offered to pay Rs. 10 lacs only.

(2.) MR. D.K. Singal, learned counsel for the caveator-respondent- Bank has pointed out that the petitioner is a father of one Pankaj Goel who is partner in M/s Karan Electronics and the petitioner has created double charge in respect of two loans. In other words there are two equitable mortgage in respect of one house. MR. Singal has further pointed out that the petitioner has taken 2nd loan as housing loan along with his son Pankaj Goel amounting to Rs. 26 lacs which is also outstanding.

(3.) THUS, there is no merit in the petition as the petitioner has failed to establish his bona fide before this Court. Accordingly, the petition is dismissed.