Rajender Singh vs The Kangra Central Co-Operative ...
2023 Latest Caselaw 11112 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                 CWP No. 5642 of 2022
                                            Decided on: August 7, 2023
    ________________________________________________________




                                                                                .
    Rajender Singh                                    ...........Petitioner





                                      Versus
    The Kangra Central Co-operative Bank Limited and another
                                                        ....Respondents
    ________________________________________________________





    Coram: Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1

    For the Petitioner                     :      Mr. Bhishm Sharma, Advocate.





    For the Respondents     :     Mr. Rakesh Thakur, Advocate.
    ________________________________________________________
    Sandeep Sharma, Judge (oral):

By way of instant petition filed under Art. 226 of the Constitution of

India, petitioner has prayed for following main reliefs:

"Therefore, on the basis of the facts mentioned above, it is respectfully prayed that the present petition of the petitioner may kindly be accepted and issuance of writ, in nature of certiorari for quashing

the impugned letter dated 16.08.2022, (Annexure P-1), whereby the account of the petitioner has been classified as No-Performing Asset

(NPA) as null and void on account of being violative of principles of natural justice as same has been prepared without affording any

opportunity of being heard to the petitioner and directing the respondents to consider the request of the petitioner to regularize the term loan/Cash Credit Account of the petitioner

Further for issuance of writ, in nature of mandamus directing the respondents not to initiate any coercive steps/action against the petitioner and the collateral security property during the pendency of the writ petition And issuance of writ in the nature of mandamus directing the respondents to keep the declaration of account as NPA in abeyance

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

during the pendency of the present writ petition and to restore the CC Limit/term loan account as Standard account."

.

2. Despite opportunity, no reply has been filed by respondent

Bank, as such, right to file the same is closed.

3. At this stage, Mr. Rakesh Thakur, learned counsel for the

respondent Bank, on instructions, states that the loan taken by the

petitioner has been settled, as a consequence of which, loan account

of the petitioner stands closed on 28.6.2023. He states that since

dispute inter se petitioner and Bank qua loan stands settled, present

petition has been rendered infructuous.

4. This court finds that the petitioner being aggrieved by impugned

letter dated 16.8.2022, whereby account of petitioner was classified as

NPA, has approached this court in the instant proceedings but since,

the entire loan amount stands repaid, as has been fairly stated by

learned counsel for the respondent-Bank, nothing remains to be

adjudicated in the instant proceedings and the same are closed.

5. The petition stands disposed of in the afore terms, alongwith all

pending applications.

(Sandeep Sharma) Judge August 7, 2023 (vikrant)