Date Of Decision : 08.03.202 vs H.P. State Co-Operative ...
2021 Latest Caselaw 1813 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                .
                              CWP No.            :    1384 of 2021





                              Date of Decision :     08.03.2021
______________________________________________________________________
Khime Ram & anr.





                                                             .....Petitioner
                        Vs.

H.P. State Co-operative Agriculture & Rural Development Bank.





                                                      .....Respondents.
______________________________________________________________________
Coram:
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.

The Hon'ble Mr. Justice Anoop Chitkara, Judge .

Whether approved for reporting?1


For the petitioners:             Mr. Sumeet Raj Sharma, Advocate.



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




Anoop Chitkara, Judge     Oral

The petitioners have come up before this Court, seeking

one time settlement of their loan amount. On the last date, this Court

had directed the respondent-bank to place on record the statement of

accounts.

2. Mr. Narender Singh Thakur, learned counsel for the

respondents-Bank states that as on date an amount of Rs.12,82,505/-

is due. He states that in case the petitioners pay the over due amount,

then notice can be recalled.

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

3. To the contrary, Mr. Sumeet Raj Sharma, learned counsel for

the petitioners states that there is a serious medical problem of his

.

wife, who is under treatment at P.G.I. Chandigarh, since 2019. He

further states that the value of the property is huge and the area is

12 bighas, whereas, the total due amount is Rs.12,82,505/-only. He

states that he be permitted to sell a portion of land with the condition

that amount received from seller, will directly be deposited in the loan

account.

4. to This prayer being genuine and as an exceptional case, we

allow the same and direct the bank to release the mortgage to the

extent to which the petitioner is able to fetch a sum of Rs.12,82,505/-

to clear the outstanding amount.

5. Given above, we dispose of this writ petition as the

petitioners want to enter into some agreement to that extent of

land for which they will make an appropriate application alongwith a

copy of agreement to the bank to enable it to release the mortgage to

that extent, subject to the condition that money received out of such

sale shall be deposited in the loan account of the petitioners and

remaining mortgage amount shall be cleared and the documents will

be released thereafter. Upon clearing the principal amount, in case, the

petitioners have any dispute with regard to the interest and

expenditure, it is for them to raise such issue to the bank. Liberty is

reserved to the petitioners to approach Court again, in case need to

do so arises.

6. With these observations, the petition stands disposed of, so

.

also the pending application(s), if any.

(L. Narayana Swamy)

Chief Justice

( Anoop Chitkara ) Judge

March 8, 2021 (naveen/sushma)