Kashmir Singh & Another vs Bank Of Baroda & Others

Manoj Kumar Tiwari, J

This writ petition has been filed by two persons, who stood as guarantors, in respect of two Cash Credit Limits, extended in favour of Mr. Rajvinder

Singh, S/o Late Kripal Singh.

By means of this writ petition, following reliefs have been sought:

“(i) A writ, order or direction in the nature of mandamus quashing the Sale Proclamation dated 06.02.2021 and the undated Recovery Certificate

[Challan] passed by the Ld. Sub Divisional Magistrate, Laksar and the Tehsildar, Laksar under Sections 284 and 286 of the U.P. Zamindari Abolition

and Land Reforms Act, 1950.

(ii) A writ, order or direction in the nature of mandamus directing the Respondent No. 1 to decide the One Time Settlement proposal dated 27.02.2021

of the Borrower and the Petitioners on merits.â€​

Mr. Abhijai Singh Panwar, learned counsel appearing for petitioners submits that petitioners will deposit a sum of Rs.15,00,000/-with the bank by

04.03.2021 and, petitioners be given some reasonable time to repay the balance amount.

Mr. Siddhartha Jain, learned counsel appearing for the respondent-bank submits that if petitioners deposit the remaining amount of Rs.40,00,000/-

+other expenses within six months, then he has no objection, if conditional protection is given to petitioners.

In view of the willingness shown by petitioners to repay a sum of Rs.15,00,000/- within 24 hours and also in view of the consent given by the

counsel for petitioners, it is provided that, if petitioners deposit a sum of Rs.15,00,000/-with the bank by 04.03.2021, no coercive action shall be taken

against them. The remaining amount shall be paid by petitioners within six months.

If petitioners approach the Manager of concerned branch of the bank within two weeks from today, Branch Manager shall furnish an up-to-date

statement of account to petitioners so that they may get to know the exact amount, which is to be repaid by them. However, it is made clear that, in

case of any default by petitioners in abiding by conditions imposed in this order, the bank shall be at liberty to proceed against petitioners for recovery

of the amount of loan, in accordance with law.

With the aforesaid observations, writ petition stands disposed of.

Let a certified copy of this order be issued today itself.