E.R. MOTORS Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) BY the medium of present writ petition, the petitioner has sought writ of certiorari for quashing letter, dated 18th November, 2013 (Annexure P -12) issued by the respondents. The petitioner has also sought writ of mandamus commanding the respondents not to declare the Cash Credit Limit A/c No. 4477008700001398 of limit Rupees fifty lacs as Non Performance Account ('NPA') and further ask them to allow the transaction in the Cash Credit Limit of A/c No. 4477008700001398 of limit Rupees fifty lacs and all the arbitrary decisions made by the respondents be quashed on the grounds taken in the memo of petition.

(2.) THE respondents have filed reply and it is specifically averred that the cash credit limit of Rs. 45,00,000/ - was granted to the petitioner on 19th July, 2012, which he availed. The entire stock was destroyed on the intervening night of 14th and 15th April, 2013 in fire incident and insurance claim of Rs. 31,53,008/ - was made, which was directly deposited by the insurer in the bank. The respondents have averred that the petitioner approached the respondents for operation of the cash credit limit sanctioned to him but they failed to do so.

(3.) THE question which arises for consideration is -whether the writ petition is maintainable? The petitioner was asked to show how this writ is maintainable, failed to do so. The disputed questions of fact are involved in this petition.