Krishni Devi vs Kcaprdb Ltd. & Another
2021 Latest Caselaw 708 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.607 of 2021

.

                             Date of Decision : 29th January, 2021





Krishni Devi                                             ...Petitioner.

                             Versus





KCAPRDB Ltd. & another                                     ...Respondents.
Coram:

The Hon'ble Mr. Justice Anoop Chitkara, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Kulwant Singh Gill, Advocate

For the respondents : Mr. Tarun Sharma, Advocate.

COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

Anoop Chitkara, Judge (oral).

A widow aged 67 years, has come up before this Court seeking

protection for notice of auction of her mortgaged property. .

2. Notice. Mr. Ajay Chauhan, Advocate appears and waives service on

behalf of the respondents.

3. I have heard learned counsel for the parties.

4. Given the nature of order, this Court proposes, no response is required. Mr.

Tarun Sharma, learned counsel for the respondent wants to bring to the notice of this

Court that in the petition itself vide annexure P/2, there is a reference of OTS

Scheme, whereby the amount of approximately Rs.24 to 25 lacs was reduced to

Whether reporters of Local Papers may be allowed to see the judgment?

Rs.14,40,061/-. Mr. Tarun Sharma, Advocate says that the OTS scheme is opened till

31.1.2021.

.

5. Mr. Kulwant Singh Gill, learned counsel for the petitioner, submits that

the petitioner is a lady with no support and she is a senior citizen.

6. Given that let some responsible officer of the bank visit the house of the

petitioner. Mr. Kulwant Singh Gill, Advocate further submits that the petitioner

would certainly opt for this OTS Scheme but she has no money to pay because her

land is also mortgaged. He says that if the bank permits her to sell some portion of

the mortgaged land to any person, the sale price would straightway come to the bank

account of the petitioner and it would be more beneficial to the petitioner as well as to

the bank, which is more concerned about the recovery of the money.

7. Given above let the respondent-Bank depute a responsible officer, who

will visit the house of the petitioner and help her in filling up the OTS form. After

that, the management of the Bank shall consider the prayer made by the petitioner

through her counsel. Ultimately, the goal is to recover the money and for that

purpose if some relaxation as an isolated case is given to the petitioner, without being

considered as a precedent in another case, that would be permissible.

8. With aforesaid observation, the petition is disposed of alongwith

pending application(s), if any.

Authenticated copy.

29th January, 2021                                  (Anoop Chitkara)
      (mamta)                                        Vacation Judge