Krishni Devi vs KCAPRDB Ltd. & Another

Anoop Chitkara, J

A widow aged 67 years, has come up before this Court seeking protection for notice of auction of her mortgaged property. .

Notice. Mr. Ajay Chauhan, Advocate appears and waives service on behalf of the respondents.

I have heard learned counsel for the parties.

Given the nature of order, this Court proposes, no response is required. Mr. Tarun Sharma, learned counsel for the respondent wants to bring to the

notice of this Court that in the petition itself vide annexure P/2, there is a reference of OTS Scheme, whereby the amount of approximately Rs.24 to

25 lacs was reduced to Rs.14,40,061/-. Mr. Tarun Sharma, Advocate says that the OTS scheme is opened till 31.1.2021.

Mr. Kulwant Singh Gill, learned counsel for the petitioner, submits that the petitioner is a lady with no support and she is a senior citizen.

Given that let some responsible officer of the bank visit the house of the petitioner. Mr. Kulwant Singh Gill, Advocate further submits that the

petitioner would certainly opt for this OTS Scheme but she has no money to pay because her land is also mortgaged. He says that if the bank permits

her to sell some portion of the mortgaged land to any person, the sale price would straightway come to the bank account of the petitioner and it would

be more beneficial to the petitioner as well as to the bank, which is more concerned about the recovery of the money.

Given above let the respondent-Bank depute a responsible officer, who will visit the house of the petitioner and help her in filling up the OTS form.

After that, the management of the Bank shall consider the prayer made by the petitioner through her counsel. Ultimately, the goal is to recover the

money and for that purpose if some relaxation as an isolated case is given to the petitioner, without being considered as a precedent in another case,

that would be permissible.

With aforesaid observation, the petition is disposed of alongwith pending application(s), if any.

Authenticated copy.