1 / 4 2025:CGHC:23996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2851 of 2025 Albert S/o Igik Aged About 77 Years R/o Tarbahar Near Ghodadana School Police Station Tarbahar, Bilaspur, District - Bilaspur (C.G.) ... Petitioner versus 1 - State Bank of India Sirgitti Branch, Shanti Bhawan, Heera Nagar, District - Bilaspur (C.G.) 2 - Ajeet Singh Dhruw The Then Branch Manager, State Bank of India Sirgitti Branch Shanti Bhawan, Heera Nagar, District - Bilaspur (C.G.) 3 - State Bank Bhavan Nariman Point Mumbai SBI Headquarters , State Bank Bhavan, Nariman Point Mumbai 500112 Through Its Competent Authority 4 - The Collector Bilaspur District - Bilaspur (C.G.) 5 - Station House Officer Police Station Sirgitti District - Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Lakhan Lal Mahilang, Advocate For Respondents No.1 to 3/SBI : Mr. P.R. Patankar, Advocate For State : Mr. Abhishek Gupta, PL ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.17 12:26:36 +0530 2 / 4 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/06/2025 1. The instant petition has been filed against the recovery made by Respondent No.2 from the petitioner which is being directly deducted from the account of the petitioner. 2. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 That, this Hon’ble Court may kindly be pleased to call the entire records pertaining to case of petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondents no. 1 & 5 to take appropriate action on the application/complaint made by the petitioner on 06.05.2025 against the respondent no.2 (ANNEXURE P/2), in accordance with law, within stipulated time framed by this Hon’ble Court, particularly looking to the old age of petitioner. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 3. Learned counsel for the petitioner would submit that the petitioner is a retired Railway Employee and the petitioner is an old and infirm person aged about 77 Years and Respondent No.2 fraudulently obtained the loan amount in the name of the petitioner by misusing 3 / 4 the signature of the petitioner in the loan form and the petitioner has never obtained the alleged amount of Rs.4,50,000/- as a loan, therefore, it is prayed that the deduction of the amount towards the loan may be stopped. 4. Per contra, learned counsel for Respondents No.1 to 3 would submit that in the year 2021 first loan was obtained by the petitioner for an amount of Rs.3.00 Lakhs and thereafter in March, 2022 another loan for ann amount of Rs.4.50 Lakhs was obtained and in support of his contention learned counsel has placed before this Court account statement of the petitioner which would show that the amount of Rs.4.50 Lakhs was credited directly in the account of the petitioner. He would next contend that there is no question of forgery because the amount of loan was directly deposited in the account of the petitioner and the amount was used by the petitioner as such the deduction which is being done towards the loan installment is just and proper. 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. Documents/statement of account of the petitioner, which is filed by the Respondents No.1 to 3, is taken on record, perusal of which shows that the amount of loan was credited directly in the account of the petitioner and the petitioner has used that amount further in the loan application also the signature of the petitioner is present, therefore, over all evaluation of the documents makes it crystal clear 4 / 4 that the petitioner himself has obtained the loan, therefore, he is liable to be pay the installments towards the loan so taken by the petitioner. 7. In view of the above, no relief can be granted to the petitioner. 8. Accordingly, the petition being devoid of all merits, liable to be and is hereby dismissed. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu