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2017 Supreme(Tri) 331

S.TALAPATRA
Chiranjib Choudhury, son of late Tara Prasanna Choudhury – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. Kar Bhowmik, Advocate, Mr. R.G. Chakraborty, Advocate
For the Respondent:Mr. T.D. Majumder, G.A., Mr. A. Roy Barman, Advocate, Mr. S. Bhattacharjee, Advocate

JUDGMENT & ORDER :

The petitioner is a Program Assistant in the Tribal Welfare Department, now posted at Gandacherra, Dhalai and is due to retire very shortly. In the year 2010, he stood the guarantor along with another Mr. Nidan Chandra Bhowmik, not a party in this proceeding, against the “Consumer Durable Loan” obtained by the respondent No.4 to the extent of Rs.2,00,000/- from the Tripura Gramin Bank, Gandacherra branch, the respondent No.5 vide loan account No. CDL/8094301921632.

2. The respondent No.4, the borrower gave a written undertaking dated 26.04.2010 authorising the respondent No.5 to recover the entire loan amount alongwith interest from his S/B A/C No.12186 till liquidation of the loan. In the said undertaking the respondent No.4 had also authorised his employer to realise dues by instalments from his salary in the event of default till liquidation of loan alongwith interest and other charges. The respondent No.3, the Drawing and Disbursing Officer of the loanee, issued a certificate dated 06.05.2010 which was submitted to the bank by the respondent No.4 while processing the loan. In the said certificate it was pledged to the bank as under:

“We also certify that, on def
























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