AJMER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to supply the entire record of loan transaction starting from the loan application to all the transactions made in the said account including the payments made by the petitioner as well as rate of interest. Brief facts of the present case are to the effect that Gurnam Singh, father of the petitioner had applied for a loan of Rs. 2 lacs for construction of a house. The father of petitioner had paid a sum of Rs. 22,343/ - on 28.05.1999 and Rs. 18,000/ - on 14.12.1999. The father of petitioner expired on 12.06.2003. After the death of father of petitioner, respondent No. 4 is claiming repayment of the loan from the petitioner. The petitioner time and again requested respondent No. 4 -Society to supply him the entire record pertaining to the loan transaction including payments made by his father along with the rate of interest. Even without issuing any notice, arbitration proceedings were initiated against the petitioner and the same are stated to have culminated into passing of award, but copy of award has not been supplied to the petitioner in spite of issuance of legal notice (Annexure P -1). The respondent -Cooperative Society replied to the said notice mentioning the date of legal notice dated 09.12.2014 with a suggestion to the petitioner to clear the debt.

(2.) In pursuance of notice of motion, respondent Nos. 1 to 3 and respondent No. 4 have filed separate replies with the averments that such a writ in the nature of mandamus is not maintainable and reference to various judgments has been made.

(3.) I have heard learned counsel for the parties and perused the record.