Mihir Kumar Sakhuja vs State Of H.P. And Others

L. Narayana Swamy, CJ

The first prayer of the petitioner is for a direction to the State Government to investigate case FIR No. 143 of 2017 against the respondent-bank or its employees and file the challan after investigation. The second prayer is for a direction to the respondent-bank to accept the case of the petitioner for One Time Settlement (OTS) of the outstanding amount.

Learned counsel for the respondent-bank has submitted to dismiss the writ petition on two grounds. Firstly, that the matter with regard to same issue is pending before the Debt Recovery Tribunal and against an order passed by the Debt Recovery Tribunal, the petitioner himself has approached the Debt Recovery Appellate Tribunal. It is submitted that when the proceedings are pending before a competent Court, the petitioner should not have approached this Court by filing the present petition. On this ground also, this petition deserves to be dismissed. It is further submitted that as per notice dated 18.01.2021 Annexure A-1, the demand was raised by the respondent-bank to pay Rs.10,38,100/-.

Learned counsel for the petitioner submits that petitioner is ready and willing to pay the entire amount within the stipulated period and today, in the Court, has handed over demand draft amounting to Rs.1,03,810/-, which is 10% of the total amount as per notice dated 18.01.2021. The same is accepted by learned counsel for the respondent-bank and handed over to the official of the bank, who is present before this Court. Further, learned counsel for the petitioner submits that the petitioner would deposit the remaining amount within 10 days from today.

Learned counsel for the respondent-bank submits that in case petitioner deposits the entire amount within 10 days from today, then the notice issued in reference to the loan account of the petitioner will be withdrawn. Further, learned counsel for the petitioner submits that he has deposited an amount of Rs.5,75,000/- to the account of one Ashwani Kumar, who according to him, is a third party.

In view of the above submissions, the writ petition is disposed of by directing the petitioner to deposit the entire loan amount on or before 24th April, 2021. Though, the OTS scheme ended on 31st March, 2021, under these circumstances, we direct the respondent-bank to extend the Scheme till 24th April, 2021, only in case of petitioner, as it is submitted by learned counsel for the petitioner that the petitioner is suffering from skin cancer. On clearance of the entire amount on or before 24th April, 2021, the respective parties are directed to make such submissions before the Debt Recovery Tribunal or Debt Recovery Appellate Tribunal. After the clearance of entire loan amount, the respondent-bank is directed to return the title deed immediately to the petitioner.

So far as the submissions of the petitioner regrading deposit of Rs.5,75,000/- is concerned, the petitioner is at liberty to raise such objections by filing necessary application/appeal, whichever is permissible under the Act, including approaching the Reserve Bank of India against the impugned action. Pending application(s), if any, shall also stand disposed of.

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