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2012 Supreme(Mad) 1370

VINOD K.SHARMA
C. Lalitha Raj – Appellant
Versus
Assistant General Manager State Bank Of India – Respondent


Advocates appeared:
For the Petitioner:V. Raghavachari, Advocate.
For the Respondents:P.D. Audikesavalu, Advocate.

Judgment :-

1. The petitioner superannuated from service on 31.03.2011 from the post of Maternity Nurse from the Government Hospital. The petitioner is getting pension of Rs.10,850.00 p.m. and is maintaining savings account with the State Bank of India, Vaniyambadi Branch. The account number of the petitioner is 10948453813.

2. The petitioner tried to withdraw the amount from her savings bank account through ATM, when she was instructed to approach the branch office, though balance outstanding in her name was Rs.7,53,730.90/-(Rupees Seven Lakhs Fifty Three Thousand Seven Hundred Thirty and Paise Ninety only).

3. On enquiry by petitioner, it was revealed that the account had been attached by the Branch Manager of State Bank of India, Ambur Branch, Ambur, for non payment of loan by her son.

4. The submission of the petitioner is that except for being a guarantor, she had no role to play with the loan transaction between the Bank and her son. It is submitted that the loan was obtained by mortgaging assets, therefore, respondent Bank has no authority to withhold the account in absence of any default.

5. The loan is secured by way of equitable mortgage of immovable property, therefore



































































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