वसुली प्रकरण क्र. EA/ 34/ 2012 दाखल दि. 06.03.2013
आदेश दि. 14.10.2014
अर्जदार :- मनिष सुदाम खोब्रागडे
वय – 31 वर्षे, धंदा – व्यापार,
रा.पोस्ट - मानेगांव बाजार
-: विरुद्ध :-
गैरअर्जदार :- शाखा व्यवस्थापक,
भंडारा अर्बन को ऑपरेटीव्ह बँक लिमी.
मुख्य शाखा,गांधी चौक,भंडारा
ता.जि.भंडारा
गणपूर्ती :- मा. अध्यक्ष श्री अतुल दि. आळशी
मा. सदस्या श्रीमती गीता रा. बडवाईक
मा.सदस्य हेमंतकुमार पटेरिया
उपस्थिती :- अर्जदारातर्फे अॅड.रामटेके.
वि.प.तर्फे अॅड.लांबट
.
(आदेश पारित द्वारा मा. अध्यक्ष श्री अतुल दि. आळशी )
-// आ दे श //-
(पारित दिनांक 14 ऑक्टोंबर 2014)
Order Below Ex.1
The applicant/Complainant has filed recovery proceedings u/s 25 of c.p.Act for recovery of Term deposit amount of Rs. 8451/- which was deposited vide receipt No-62420 on dt.13/1/2005 ale No 16179 to be matured on 13/1/2008 & share certificate of Rs. 1200/-
The counsel for applicant submits that the non applicant bank has wrongle deposited the above amount of term deposit share certificate of No9651/- in loan account of applicant . The bank has no authority and Hon’ble court did not direct to deposit the amount in loan. That amount of Rs.9651/- shall be refunded to applicant.
The counsel for non-applicant bank Adv. Lambat submits, As per agreement & lien & set off executed by applicant on 13-1-05 and as per judgement of Hon’ble forum passed on 28/2/2007 in C.C. Case No.
60/2006, the amount of term deposit & share certified was transfered towards loan acoount towards outstanding loan account. The bank has deposited receipt & entries are filed on record. The bank has deposited the compensation amount of Rs.65,655/- from bank personal account to the loan account of the applicant/Complainant as per judgement passed in C.C. Case No. 60/2006 and there is nothing outstanding. Hence the loan account is closed on 1/6/2012 & intimated to complaintant. The pursis in repeat & detailed entries filed on page no 27 dt.12/3/2014. Hence the case be disposed off.
As per pursis dt. 12/3/2014 and statement of account filed by bank the non applicant has complied the order forum passed C.C. Case No. 60/2006. As per contract & lien and set off executed between applicant & non applicant on dt.13/1/2005 the bank has its sole discreation and without notice combine & consolidate any sum as sums standing to the credit of any one or more of such account in or towards satisfaction of any liabilities to you or any other account or in any other respect, whether such liabilities be actual or contingent, primary or collateral and several or joint. Therefore the bank has every right to recover outstanding loan amount from security such as term deposit & share certificate & deposit the same in loan account of applicant. The loan of applicant was in the name of his firm. The applicant has admitted the contract & lien. He has not challenge the legality & execution of agreement, therefore that agreement which was executed the time of disbursement of loan is binding on applicant till satisfaction of loan amount. The Judgement of Forum can’t be interpreted without the violating the terms and conditions of agreement of Lien & Hypothecation. The bank has complied the order, hence the execution proceeding is deserve to be disposed off.
Order
- The recovery proceding is disposed off.
