JAGDISH PRASAD CHAURASHIA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 14/12/2010, passed in Appeal No. 75 of 2010/ 923132 by Debts Recovery Appellate Tribunal, Kolkata. By filing an I.A. No. 898/2011, prayer has been made for quashing the order dated 07/03/2011 also, passed by the said Tribunal .

(2.) Mr. Pati, learned Counsel appearing for the petitioner submitted that the petitioner is a Freedom Fighter aged about 92 years and he is the guarantor and his son has taken loan and the house in question is the only residential house. He further submitted that the Tribunal should have waived 100% of the amount required to be deposited under Section 21 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred as Act, 1993). He relied on the order dated 11/02/2008, passed by Madras High Court in the case of "Chand Narain Langar v. Punjab & Sindh Bank & Ors, and the order dated 29/05/2007, passed by Punjab & Haryana Hihg Court in the case of Kams Leatherware Ltd. v. Punjab National Bank & Anr.

(3.) Mr. Rajesh Kumar, learned Counsel appearing for the respondent Bank supported the impugned orders. He submitted that the said judgments relied by the learned Counsel for the petitioner are not applicable in the facts and circumstances of the present case.