KRISHAN SINGH Vs. JAMMU & KASHMIR BANK

JUDGEMENT

(1.) The petitioner, through the medium of the present petition, has sought a mandamus upon the respondents to refund an amount of Rs.46,000.00 into his account maintained with J&K Bank, Branch Jagti, Township, Nagrota Jammu (hereinafter to be referred to as the respondent-Bank).

(2.) As per the case of the petitioner, he had stood as guarantor for repayment of loan of Rs.70,000.00 availed by respondent No. 4 from the respondent-Bank pursuant whereto, the amount of loan was released in favour of the respondent No. 4. However, the said respondent, it seems, did not repay the loan amount in full to the respondent-Bank.

(3.) It has been submitted that respondent-Bank, without any authority and without adopting procedure established by law, deducted an amount of Rs.46,000.00 from the bank account of the petitioner in order to liquidate the unpaid loan of respondent No. 4. It has further been submitted that the respondent-Bank did not even inform the petitioner about their aforesaid action. The petitioner is stated to have served a legal notice upon the respondent-Bank, which was responded to by the said Bank vide its communication dtd. 14/9/2021.