Uttarakhand High Court
WPMS/67/2023 on 10 January, 2023
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reports, orders or
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WPMS No.67 of 2023
Hon'ble Sanjaya Kumar Mishra, J.
Mr. Rajesh Joshi, learned counsel for the
petitioner.
Mr. Suyash Pant, learned Standing Counsel
for the State.
Mr. V.K. Kohli, learned Sr. Counsel assisted
by Mr. Kanti Ram Sharma, learned counsel for
respondent no.2.
By filing the present application, the petitioner
has prayed for the following reliefs:-
(a) To issue a writ, order or direction in the
nature of Certiorari to quash the E-auction
sale notice dated 08.12.2022 issued by the
respondent no.2 for the sale of petitioner's
house bearing Khasara No.351 situated at
Mahavir Enclave, Railway Road Ganeshpur
Roorkee, District Haridwar belongs to the
petitioner which is in her possession along
with effect and operation of impugned sale
notice (contained as Annexure no.6 to the writ
petition).
(b) To issue a writ, order or direction in the
nature of Mandamus commanding and
directing the respondent no.2 to regularize the
house loan account 094600nc0000100 and
OD account 613800990000248 and debit the
instilment of loan amount from the aforesaid
account.
Or
To issue a writ, order or direction in the
nature of Mandamus commanding and
directing the respondent no.2 to fixed entire
amount in simple and easy installments and
after receiving the entire house loan amount
the bank shall return the original document of
mortgage property to the petitioner."
In course of hearing, learned counsel for the
petitioner would submit that the petitioner is ready
to make an application for One Time
Settlement/rephasement of loan by making an
upfront deposit and appropriate order may be
granted for considering OTS proposal by the bank.
Learned Sr. Counsel for respondent no.2 very
emphatically objects that the petitioner could not be
shown any kind of leniency as she is a rich woman,
being owner of the petrol pump.
Be that as it as it may and, in view of the
judgment of the Hon'ble Supreme Court in Small
Scale Industrial Manufacture Association vs.
Union of India reported in (2021) 8 SCC 511, this
Court is of the opinion that because of the Covid-19
pandemic which created havoc in the country for
two years, and destroyed livelihood of many
persons, this Court is inclined to adopt the spirit of
the Lok Adalat and dispose of the writ application
directing the petitioner to deposit the amount of
Rs.8.25 lakhs within a period of 10 days and file an
application for one time settlement/rephasement of
loan.
On such an event, the bank shall consider the
same in light of the aforesaid observation and
dispose of the representation by speaking and
reasoned order.
We hope and trust, in the meantime, the
auction may proceed but, till OTS proposal is
disposed of, no final decision shall be taken in
respect of property put to auction. Moreover, the
bidders shall be informed by respondent no.2 much
before the actual bidding about this order passed by
this Court.
With the above directions, the writ application
is disposed of.
Pending applications, if any, stand disposed
of.
(Sanjaya Kumar Mishra, J.)
10.01.2023
(Grant urgent certified copy of this order, as per Rules)
BS
