Notes

despite the above all, the petitioner had been trying to update its account and have all so made representations to the bank as for the settlement and payment of the overdue amounts but when responded did not pay heed to the requests of the petitioner, therefore the petitioner filed CWP. 25854 of 2017 which was dismissed on 05-12-2017 only on the ground the petitioner has shifted to Australia despite the fact that said petition was filed through her GPA, however, the petitioners paid the entire overdue amount to the respondent bank and deposited an amount of Rs.9,00,000/- (rupees 9 lakhs) in the month of November 2018 and December 2018 and the loan account of the petitioner was regularised.

8. That for the utter dismay of the petitioner, the said entire amount was not debited in the loan account of the petitioner rather most of the amount was adjusted in some miscellaneous heads such as publication of notices, legal fees, enforcement agency charges etc, therefore the petitioner was unable to pay such a huge loan and could not adhere to the financial discipline of the bank and consequently, the respondent Bank issued a demand notice dated 05-07-2018 thereby raising an illegal demand of Rs.38,63,624/- as on 30-06-2018 to be paid within 60 days.

9. That as the petitioner was unable to pay the demanded amount then the respondent Bank issued a possession notice (P-2) and now the respondent bank is trying to sell the property at throw away price.therefore, the petitioner approached through her son and general power of attorney gurwinder singh with a request that she may be permitted to sell the secured house through her son and GPA and not through Bank agencies and also requested to provided the details of outstanding loan amount in her loan account and further demanded that an amount about Rs.1,50,000 debited in her loan account for miscellaneous heads such as publication of notices,legal fee, enforcement agencies charges etc.may not be debited and details of the same be provided to her. copies of letters dated 07-12-2018 & 13-12-2018 are Annexure P-3 & P-4 respectively.

10. that the respondents provide provided details of the total amount of Rs 1,50,627 was debited in the loan account of the petitioner on following heads:-

- publication charges (SARFAESI notice) : Rs.10,949/-
- Advocate fee(for SA in DRT) : Rs.4,01,500/-
- Advocate fee ( for MA in high Court) : Rs .49,000/-
- enforcement agency charges : Rs.50178/-

Copies of letters dated 18-12-2018 and 29-12-2018 are Annexure P-5 & P-6 respectively.