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Judgment
Vipin Sanghi, CJ
1) 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 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 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.