Trupti Ranjan Das vs Chief Manager And
2022 Latest Caselaw 2032 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.(C) No.22454 of 2014

            Trupti Ranjan Das                 ....       Petitioner
                                                             None
                                   -versus-
            Chief Manager and
            Authorized Officer, HDFC
            Bank, Bhubaneswar and
            another
                                              ....    Opp. Parties
                                                           None

                        CORAM:
                        JUSTICE JASWANT SINGH
                        JUSTICE M. S. RAMAN

                                    ORDER (Oral)

Order No. 31.03.2022

06. 1. This matter is taken up through virtual/physical mode.

2. The petitioner is the successor in interest/L.R. (son) of the defaulting borrower in a home loan raised in the month of December, 2002 from HDFC Bank, Bhubaneswar/Opposite Parties for a sum of Rs.3 lakhs. The loan was to be repaid with a monthly EMI of Rs.5,136/- in a period of seven years, effective from 17th January, 2003. The default in payment of installments is stated to have been committed w.e.f April, 2011. The defaulting borrower i.e. the father of the petitioner stated to have died on 12th November, 2011.

3. By filing the present writ petition, the prayer is made for directing the Bank to consider the One Time // 2 //

Settlement for liquidating the home loan account. This Court while issuing notice on motion had directed that no coercive action shall be taken on deposit of Rs.50,000/- within a period of four weeks vide interim order dated 5th February, 2015.

4. None has put in appearance on behalf of the parties.

5. It is well accepted that there is no One Time Settlement Scheme applicable for liquidating the home loan accounts. That apart the Hon'ble Supreme Court in a recent Judgment in Bijnor Urban Cooperative Bank Limited, Bijnor and others Vrs. Meenal Agarwal and others, AIR 2022 SC 56 has held to the effect that no directions can be issued by the Court to the Bank to accept the OTS proposals dehors the terms of the policy. Thus, the relief claimed is not maintainable.

6. In view of the above, we find no merit in the writ petition and accordingly the same is dismissed.

(Jaswant Singh) Judge

(M. S. Raman) Judge Basudev March 31st, 2022 Cuttack