M/S SM AUTOPARTS PRIVATE LIMITED, THROUGH ITS AUTHORIZED REPRESENTATIVE SHRI ANIL KUMAR AGRAWAL v. STATE BANK OF INDIA
WRIC/11293/2025 · 2025-04-16
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41700 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41700 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:56452-DB Court No. - 40 Case :- WRIT - C No. - 11293 of 2025 Petitioner :- M/S Sm Autoparts Private Limited, Through Its Authorized Representative Shri Anil Kumar Agrawal Respondent :- State Bank Of India Counsel for Petitioner :- Ashish Kumar Chaurasiya Counsel for Respondent :- Satish Chaturvedi Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard Sri Gaurav Patel, holding brief of Sri Ashish Kumar Chaurasiya, learned counsel for the petitioner and Sri Sri Ajit Kumar Srivastava, learned counsel appearing for the Respondent No.1. The present writ petition has been filed seeking a direction to the respondent-bank to return the collateral security document bearing the address Commercial Dodown cum Office situated at Plot No. 184, Khata No. 00451, at village Todarpur, Pargana Kasarwar, Tehsil Rajatalab, Varanasi, with an area measuring 0.459 hectares, vide Registered Sale Deed No. 2830 dated 10.05.2019, Book No. 1, Volume No. 5715, Page No. 313 to 338, registered before Sub- Regstrar Gangapur, District Varanasi, in the name of S.M. Autoparts Pvt. Ltd. Boundary: East: Arazi No. 194, West: Govt. road, North: Arazi No. 183, South Arazi No. 18 property in favour of the petitioner, within a stipulated period and also for a direction to the respondent-bank to return jointly and severally to the petitioner a sum of Rs. 1,49,000/- being the excess interest charges. Further, a mandamus is also sought directing the respondent-bank to pay to petitioner a sum of Rs. 50,00,000/- as compensation for the damages caused due to respondent fraudulent actions. After hearing learned counsel for the parties, we are of the view that the present case is a contractual dispute between the bank and the petitioner, wherein the bank is charging two percent amount from the petitioner as per terms and conditions which the petitioner had agreed upon while availing the loan from the Bank. In view of the same, this Court is not inclined to interfere in such a contractual dispute between the parties.
Accordingly, the writ petition is dismissed. Order Date :- 17.4.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad