Writ against government servant acting motivated & prejudice
4WhatIsRight
(Querist) 01 September 2018
This query is : Resolved
I am a guarantor who is being made a scape goat by bank officers, by abuse of discretionary powers, acting in collusion with borrowers.
I stood guarantor for loan taken by my friend for setting up an industry.
Sensing that my friend had intention to default, I wrote to bank about his intention and sought revocation of guarantee given by me.
Bank didn't took notice of my communication and continued business for next 2 years.
Even before the account became NPA, bank allowed my friend to sell the land and building at a throwaway price which was even not sufficient to cover the exposure. Neither my friend nor the bank informed me the guarantor or the share holders of friends company about the sale of the land and building.
Even after repeated communications bank didn't provide me details as to how they could allow the sale which didn't cover their exposure or how they intended to recover the balance due amount.
The amount recovered from sale of land and building was deposited with bank.
My friend also sold the plant machinery and stock without informing or permission of bank and pocketed a sum which was more than the amount due to bank.
I informed and asked the bank if any permission was given or whether the amount was deposited with bank, but no reply was received.
Letters were sent through advocates.
Then the account was turned into NPA and sarafaesi proceeding of taking symbolic possesion initiated against my property.
From documents filed by the bank during proceeding I learnt that forged documents alleged to be signed by my representatives relating to extension of guarantee had been made after receive of communication of revoking guarantee.
I lodged a complaint case and after due inquiry court issued summons to bank officers.
Bank which was sitting silent for four years after taking alleged symbolic possession, has sprung into action and published a notice of auction in which they haven't given details of pending criminal case and simply stated encumbrances not known.
Bank has so far not even asked my friend about plant and machinery or stock, neither it has acted on personal property given as security by my friend as they are hand in gloves...whereas loss should fall where it lies.
Bank officers being in conspiracy with my friend are hell bent to recover the money by selling off only my property to recover their dues. They have not acted to sale the plant machinery and stock or even my friends property.
The bank officers are acting unfair and in prejudiced motivated manner.
Criminal case is pending against them.
I have been advised to approach DRT but lawyer says I shouldn't expect much relief as bank has discretionary powers. Isn't there any law against government servant who are acting unfair and prejudiced?
Isaac Gabriel
(Expert) 01 September 2018
Writ will not lie against individuals
4WhatIsRight
(Querist) 01 September 2018
Thank you Isaac sir.
Can't we file writ as bank officers, government employees, are not playing fair and I am being made victim.
I will lose my property despite being proactive in informing the bank about anomalies.
Dr J C Vashista
(Expert) 02 September 2018
1. Being guarantor you are liable for recovery.
2. I agree with expert Mr. Issac Gabriel, no writ is maintainable against individual bank official.
3.Too long a story, you should have been brief and precise to be obliged by experts FREE OF COST,
You will agree the experts do not have so much time and energy to be utilised for social service.
4. You have adopted a deceptive name "4whatisright", hence "anonymous" person and such author is discouraged as per rules of this platform.
5. In such circumstances you should seek professional services of a local prudent lawyer
Kumar Doab
(Expert) 02 September 2018
Agreed with opinion of Issac Sir seconded by Vashistaji, also.
