Sunder Singh Bisht vs The State Of Himachal Pradesh And ...
2023 Latest Caselaw 9026 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          CWP No.8145 of 2022.




                                                                        .
                                          Date of decision: 06.07.2023.





    Sunder Singh Bisht                                            .....Petitioner.





                                    Versus
    The State of Himachal Pradesh and others
                                                                  .....Respondents.
    Coram




    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.

    Whether approved for reporting?1 No

    For the Petitioner          :         Mr. Vinod Thakur and Mr. Mohar
                                          Singh, Advocates.

    For the Respondents :                  Mr.   Anup      Rattan,   Advocate
                                           General with Mr. I.N. Mehta, Senior



                                           Additional    Advocate     General,
                                           Mr.   Ramakant       Sharma,    Ms.
                                           Sharmila      Patial,    Additional




                                           Advocate Generals, Ms. Priyanka
                                           Chauhan,       Deputy     Advocate





                                           General and Mr. Rajat Chauhan,
                                           Law Officer, for respondent No.1.

                                           Mr. Sushant Vir Singh Thakur,





                                           Advocate, for respondent Nos. 2
                                           to 4.

    Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for grant of the

following substantive reliefs:

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

"A. That the order dated 17-10-2022 may kindly be quashed and set aside being void and illegal in the

.

eyes of law.

B. That the recovery notice (Annexure P-1 AND P-

4) may kindly be quashed and set aside being void

and illegal in the eyes of law.

C. That by way of issuance of a writ of mandamus, respondents may kindly be directed to consider the

case of the petitioner for one time settlement (OTS) Scheme."

2.

It is not in dispute that the respondent-Bank has itself

promulgated One Time Settlement Scheme (OTS). However, the

eligibility for the same is where the loan amount along with interest

is more than Rs. 20,00,000/-.

3. In the instant case, the balance outstanding amount in

the account of the petitioner as on 31.03.2020 was Rs.19,81,812/-,

however, the order of rejection is dated 17.10.2022 and in case the

respondent-Bank would have proceeded to calculate the interest on

this amount of Rs.19,81,812/- till that date i.e. 17.10.2022, the same

would definitely be more than Rs.20,00,000/-.

4. In the facts and circumstances of the case, we deem it

appropriate to dispose of this writ petition by directing the

respondent-Bank to consider the case of the petitioner under One

Time Settlement Scheme within a period of four weeks from today.

Ordered accordingly.

.

5. Pending application(s), if any, also stands disposed of.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya)

Judge 6th July, 2023.

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