Parminder Thakur vs The Himachal Pradesh State ...
2021 Latest Caselaw 132 HP

        HON'BLE HIGH COURT OF HIMACHAL PRADESH
                      AT SHIMLA
                             CWP No.6455/2020
                             Decided on: 04.01.2021




                                                                          .

    Parminder Thakur                   .....Petitioner.

                                     Versus





    The Himachal Pradesh State Co­operative Agriculture and Rural
    Development Bank Ltd and another            .....Respondents.
    ............................................................................................





    Coram
    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1 No.


    For the petitioner          :    Mr. J.L. Bhardwaj, Advocate.

    For the respondents :            Mr. Narender Singh Thakur, Advocate.



                        (Through Video­Conferencing)
    Tarlok Singh Chauhan, Judge (Oral)

The instant writ petition has been filed for grant of

following reliefs:­

" (i) That the writ in the nature of mandamus may kindly be

issued directing the respondents to consider the case of the petitioner for settlement of the loan case raised by his father under One Time Settlement Policy and waive of the entire by his father under One Time Settlement policy and waive of the entire interest on the loan amount raised by the petitioner and further respondents may kindly be directed to place on record One Time Settlement policy and justice be done."

(ii). That the writ in the nature of mandamus may kindly be issued directing the respondents not to take coercive steps to recover the outstanding loan amount and further the complaint filed by the respondent No.1­bank against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, titled as "The Manager, H.P.

Whether reporters of the local papers may be allowed to see the judgment?

State Cooperative Agricultural and rRral Development Bank Ltd. versus Parminder Thakur pending before the learned Judicial Magistrate 1st Class, Arki, Tehsil Arki, District Solan, H.P. may kindly be stayed till the time the case of the petitioner is not decided and justice be done."

.

2 2. On 01.01.2021, learned Standing counsel for the

respondents was asked to obtain instructions.

3. Today, it is represented by Mr. Narender Singh

Thakur, learned Standing counsel, that the respondents­bank is

ready and willing to consider the representation so made by the

petitioner vide Annexure­P2 dated 26.11.2020. Once that be so, we

see no reason to keep this petition on board and dispose of the

same with a direction to the respondents to consider and decide

the representation of the petitioner (Annexure P­2) within three

weeks from today in accordance with One Time Settlement

Scheme. Till such time, no coercive steps shall be taken by the

respondents to effect the recovery and the criminal complaint

pending against the petitioner before the learned Judicial

Magistrate 1st Class, Arki, District Solan H.P. shall be deemed to

be stayed.

3. It is further made clear that in case the proposal of

the petitioner is eventually accepted then subject to the other

conditions, the complaint pending before the Magistrate shall be

deemed to be compounded on presentation of a copy of this order.

.

Pending miscellaneous application(s), if any, shall also stand

disposed of.

Copy dasti.

                                          (Tarlok Singh Chauhan)
                                                  Judge


                      r           to       (Jyotsna Rewal Dua),
                                                  Judge

        January 04, 2020(rohit)