Tushar Jarwal vs State Bank of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Tushar Jarwal – Appellant
Versus
State Bank of India – Respondent

Table of Content
1. loan agreement details and terms. (Para 1 , 2 , 3)
2. disputes and communications regarding loan repayment. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. arguments based on rbi guidelines and banking practices. (Para 11 , 12)
4. court's analysis on the nature of disputes. (Para 13 , 14 , 15)
5. legal principles governing writ jurisdiction in factual disputes. (Para 16 , 17 , 18)
6. final decision on appeal dismissal. (Para 19)

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present LPA is arising out of an Order dated 06.07.2022 of a learned Single Judge of this Court, in W.P.(C.) No. 6913/2021 ("Impugned Order").

2. The undisputed facts of the present case reveal that the Appellants before this Court had applied for a joint housing loan and were accordingly sanctioned Rs.51,50,000/- from the State Bank of India, RAPC Branch, New Delhi.

3. The Appellants and the Respondent Bank entered into the Loan Agreement on 20.06.2009 and the same stipulated a fixed rate of interest at 8% for the first year and, thereafter, a floating rate of interest. The tenure of the loan was for 15 years (180 months), and the Appellants were required to furnish regular EMIs to repay the loan. Clause

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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASADTushar Jarwal – AppellantVersusState Bank of India – Respondent

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Tushar Jarwal – Appellant
Versus
State Bank of India – Respondent