Notes

11. That in the letter dated 18-12-2018 (P-4), the respondents also demanded that the petitioner shall inform that the general power of attorney issued in the name of person Gurwinder Singh is still operative and not cancelled by her which was duly replied by the petitioner vide letter dated 20-12-2018, thereby stating that said GPA has not been cancelled and is still operative and further requested that after receiving the due amount, the respondent Bank shell handover the original title deed and no dues certificate to her son and GPA Gurwinder Singh. Copy of reply and request letter dated 20-12-2108 is Annexure P-7.

12. That in order to sell her secured house, the petitioner through her GPA entered into agreement to sell on 19-12-2018 with one navpreet Kaur D/o Late Surinder Singh with an arrangement therein that the firstly the loan amount shall be directly deposited by the buyer in the loan account of the petitioner in the respondent bank and therefore the balance amount if any of the sale consideration would be handed over to the petitioner.Copy of agreement to sell dated 19-12-2018 is Annexure P-8

13. That now the respondent Bank officials with the ulterior motive to sell the secured house to some of their own parties at throw away rates is creating one or the other obstruction and are not ready to hand over the original title deed and no due certificate of the son and GPA of the petitioner namely Gurwinder Singh by putting a condition that the said documents would be handed over to the petitioner only knowing well that the petitioner would not be able to come back to India for the same as she has recently gone abroad to earn her livelihood with great difficulty. therefore, the petitioner have all left with no other option but to approach this honorable court for the redressal of the greifs as the actions of respondent Bank deserve to be quashed on the following grounds:-

a. That the mortgage property is likely to be sold on the throwaway prices against amount which the bank has to recover is around 40 lacs only which is many times less the value of the property.
b. That without following the reserve Bank of India guidelines the account of the applicant has become NPA.
c. That the bank is taking the undue advantage of its position and is only interested in selling the mortgaged property to its own parties
d. That the bank is misusing the provisions of section 13 subsection 4 and trying to threaten the applicant by adopting procedure which otherwise is meant for recovery of the amount and although the petitioner is ready to pay the entire due amount by selling the property herself by making an arrangement of depositing the entire due amount out of the consideration amount directly through the buyer by making making the arrangement in agreement to sell dated 19-12-2018 (P-8) and creating the hurdle with an illegal demand that it is not ready to release the original title deed and no due certificate to the GPA despite the confirmation from the petitioner vide P-7.
e. Because as irreparable loss and injury would be caused to the petitioner if her property is sold by the bank at throw away prices.
f. That the bank has wrongly debited as an amount of Rs.1,50,627 debited in her loan account for miscellaneous heads such as publication of notice notices, legal fee, enforcement agency charges etc. Which is illegal and against the spirit of law laid down various pronouncements especially by division bench of this honorable high Court mohinder pal Singh and another v/s State Bank of India and another 2012 (1) RCR (civil ) 329.

14. That the following law points arises in this petition
a. Whether the action of the respondents in not allowing to sell the secured house her own under the facts and circumstances and further refusing to handover the original title deed and no due certificate to the GPA of the petitioner after receiving the entire Dues is illegal and violative of article 14 ,19 &21 of constitution of India.
b. Wheth