1 2025:CGHC:33983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3747 of 2025 1 - Johnson Ekka S/o Shri Jowakim Ekka Aged About 57 Years R/o C-59 Nature City, P.O. Sakri, Police Station Sakri, District Bilaspur C.G. ... Petitioner(s) versus 1 - Government Of India Through Secretary, Ministry Of Finance, Department Of Expenditure, Room No. 76, New Delhi. 2 - Reserve Bank Of India, Through Governor, Reserve Bank Of India, 4th Floor, Amar Building, Sir P.M. Road, District Mumbai, Maharashtra. 3 - Axis Bank Limited, Through Its Director, Bombay Dyeing Mills Compound, Pandurang Budhkar Marg, Worli Mumbai, District Mumbai, Maharashtra. 4 - Branch Manager, Axis Bank Limited, Vypar Vihar, Bilaspur District Bilaspur C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Abdul Wahab Khan, Advocate For Respondent- : Ms. Shewta Rai, CGC on behalf of Mr. Ramakant Mishra, DSGI Hon’ble Shri Arvind Kumar Verma Order on Board 18/07/2025 1. The present writ petition has been filed by the petitioner seeking following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to pass an order to set aside the letter dated 17.12.2024 (Annexure P-3) 10.2 That the Hon’ble Court may kindly be pleased to direct the respondent authority not to take any action against the petitioner for repayment of loan. 2 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstance of the case. 2. Learned counsel for the petitioner submits that petitioner is working as Administration Officer at LIC Office, Bilaspur, C.G. On date 07.12.2024 the petitioner received a call from an unknown person pretended to be the employee of axis bank. Thereafter, he assured the petitioner and got his personal details including ATM card details and PAN card details. Subsequently, the unknown person fraudulently applied for loan of Rs. 12,24,701/ and Rs. 9,00,000/- to the bank account of the petitioner. And thereafter he withdrawn total amount of Rs 26,74,701/- from the petitioner's bank account. In this way an unknown person committed fraud against the petitioner. Thereafter, the petitioner lodged FIR at police station Sakri, District Bilaspur. On which the police of arrested the accused and presented chargesheet before the Chief judicial magistrate. Meanwhile the Axis Bank vide impugned letter dated 17.12.2024 (Annexure P3) is demanding monthly installments / EMI of Rs. 43,950/- from the petitioner for repayment of the loan which the petitioner has never applied for. The said transactions were unauthorized regarding which the petitioner has made his complaint and subsequently legal proceedings has been initiated against the accused. Therefore, the petitioner is not liable to repay the loan. The petitioner has suffered a huge financial loss. He is mentally and financially distressed. The petitioner has not taken any loan from the bank. Therefore, he is not liable to pay EMI/ monthly installment to the Bank. 3 3. On the other hand, learned counsel for the respondents opposes the submission made by the learned counsel for petitioner. 4. Given the submission made by the learned counsel for the parties, this Court is of the opinion that the petitioner is very well aware of the facts therefore the petitioner has not made any ground in the present writ petition which warrants interference by this Court. As such, the present writ petition liable to be and is accordingly dismissed. 5. Accordingly, the present writ petition stands dismissed. Sd/- (Arvind Kumar Verma) Judge Jyoti