PREM KUMAR SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents particularly the respondent no. 6 - the Administrative Officer, State Bank of India, Court Compound, Ranchi to reduce the EMI of Rs.32,446.00 to Rs.14,017.00 against Top-up Home Loan taken by the petitioner from the State Bank of India, Ashok Nagar Branch, Ranchi primarily for the reason that the Top-up Home Loan of Rs.21,00,000.00 sanctioned by the said Branch of State Bank of India against the income of the petitioner which was mainly house rent received from the tenants as well as business being run from his house got adversely affected due to illegal sealing of the house against which he had earlier preferred W.P.(C) No. 2704/2020 before this Court and in pursuance of order dtd. 8/3/2022 passed in the said case, the EMI of the said loan has marginally been reduced from Rs.40,509.00 per month to Rs.32,446.00. Further prayer has been made for issuance of direction upon the respondent no. 7 - Branch Manager, State Bank of India, Ashok Nagar Branch, Ranchi to produce the details of the payments made in the aforesaid loan account since the year 2016.

(2.) Heard learned counsel for the parties and perused the content of the writ petition. The petitioner had earlier approached this Court by filing a writ petition being W.P.(C) No. 2704 of 2020 with almost similar prayer i.e., for issuance of direction upon the respondents to reduce the EMI of Rs.40,509.00 against the Top-up Home Loan of Rs.21,00,000.00 taken by the petitioner from the State Bank of India, Ashok Nagar Branch, Ranchi to Rs.14,017.00 for the reason that the petitioner had retired from his service with effect from June, 2017 and other sources of his family income i.e., by way of rent received from the tenants of the house and business being run from there was stopped due to illegal sealing of his house by the respondent-Bank. The said writ petition was disposed of by a Bench of this Court with following observation:

(3.) Though the said writ petition was dismissed, however, in terms with the aforesaid observation, the petitioner filed representation dtd. 12/4/2022 (Annexure-5 to the writ petition) before the respondent no. 7 - the Branch Manager, State Bank of India, Ashok Nagar Branch, Ranchi and the same was disposed of by the respondent no. 5 - the Chief Manager, State Bank of India, Ashok Nagar, Ranchi vide order dtd. 6/6/2022 (Annexure-6 to the writ petition) mentioning inter alia that as per the record, the petitioner had already paid 48 installments against the said loan, moreover, during the said period, the monthly installment against the loan was Rs.32,446.00 whereas remaining tenure of the installment was 75 months. It was, however, denied by the respondent no. 5 that only 67 installments were fixed at the time of grant of loan.