WPMB/78/2023
2023 Latest Caselaw 1496 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

              WRIT PETITION (M/B) NO. 78 OF 2023

                             25TH MAY, 2023

Between:

Smt. Babita Chauhan                       ......                Petitioner

and

Union Bank of India                       ......                Respondent

Counsel for the petitioner          :    Ms. Anjali   Bhargava,     learned
                                         counsel

Counsel for the respondent          :    Ms. Prabha    Naithani,    learned
                                         counsel


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The    petitioner          has   preferred   the      present

petition     to    assail     the        sale   proclamation         dated

25.04.2023, which the petitioner claims to have been

received on 19.05.2023, issued by the DRT, Dehradun.

The petitioner also seeks quashing of report of a local

Court Commissioner dated 24.04.2023, claimed to have

been prepared by the Advocate of the respondent Union

Bank of India.


2)           Petitioner also seeks permission to deposit

rupees      twenty      lakhs,      through      cheque,      with     the
                                2




respondent,   and      seeks   fixation   of    installments   for

deposit of the remaining amount within six months, as

one time settlement.


3)         We are not inclined to grant either of these

reliefs, as prayed for, in this petition. The petitioner has

ample remedy before the DRT, and if the petitioner is

not satisfied by the orders passed by the DRT, the

petitioner can also approach the DRAT.


4)         At the same time, the respondent cannot

refuse to accept any amount tendered by the petitioner

in settlement of the dues, on any ground whatsoever,

including on the ground that the amount is not coming

from the account of the petitioner.            It is open to the

petitioner to offer payment from another account.              So

long as the payment is offered by the petitioner towards

partial   settlement     of    the   outstanding     dues,     the

respondent should have no difficulty in accepting the

payment, and adjusting the same out of the outstanding

dues.


5)         We, therefore, dismiss the petition with a

direction that, in case, the petitioner offers any amount

to the respondent-bank towards full or partial settlement

of the loan account, the respondent shall accept the
                            3




same, and once credited into their account, adjust it

against the outstanding dues of the petitioner, in

accordance with the principles of accounting. It shall be

open to the petitioner to approach the Tribunal for

redressal of the reliefs, which the petitioner seeks before

us.    We, however, make it clear that we have not

examined the merits of the petitioner's case.


6)         Stay Application (IA No. 01 of 2023) also

stands disposed of.



                                      ________________
                                      VIPIN SANGHI, C.J.



                                  _________________
                                  RAKESH THAPLIYAL, J.

Dt: 25th MAY, 2023 Negi