Citation : 2024 Latest Caselaw 6115 P&H
Judgement Date : 18 March, 2024
Neutral Citation No:=2024:PHHC:038810-DB
2024:PHHC:038810-DB
230
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-6562-2022
Date of Decision:- 18.03.2024
Jagan Singh and Anr.
....Petitioners
Vs.
New Habitat Housing Finance and Development Ltd. And Anr.
...Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:- Mr. Shiv Kumar, Advocate for the petitioners.
Mr. Amit Rishi, Advocate with
Ms. Ridhi Bansal, Advocate for the respondents.
*****
LISA GILL, J.
1. Prayer in this writ petition is for directing respondents to accept
One Time Settlement (OTS) proposal of petitioners and to regularize their
account.
2. Learned counsel for respondents submits that, though present writ
petition is not entertainable in view of judgments of Hon'ble the Supreme
Court in "Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir
and others, 2022 (1) R.C.R. (Civil) 888" and 'The Bijnor Urban Cooperative
Bank Limited, Bijnor and others vs. Meenal Agarwal and others', 2021 SCC
Online SC 1040, the same is in any case rendered infructuous as petitioners
account had been regularized and thereafter due to subsequent financial
indiscipline on the part of petitioners their account was again declared NPA.
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Neutral Citation No:=2024:PHHC:038810-DB
Said proceedings have been challenged by petitioners by way of SA-243-2023
which is pending for adjudication before learned DRT on 22.03.2024.
3. Learned counsel for petitioners submits that he has no instructions
in this matter.
4. Writ petition is, accordingly, dismissed for non prosecution.
Liberty is afforded to petitioners to file appropriate application within four
weeks in case, any incorrect fact has been set forth before this Court.
5. Pending miscellaneous application(s), if any, stand disposed of
accordingly.
(LISA GILL) JUDGE
(AMARJOT BHATTI) JUDGE 18.03.2024 sunil devi Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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