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Judgment
Akil kureshi, CJ
The petitioner had availed of loan from the respondent Gramin Bank in form of cash credit limit of Rs.50,00,000/-. Since the petitioner was irregular in repayments and his dues to the bank increased the limit, the bank treated his account as NPA and asked him to repay the entire amount without further delay. Since the petitioner did not do so, the bank has initiated steps for recovery through the secured assets under the provisions of SARFAESI Act. At that stage, the petitioner has approached this Court. Learned counsel for the petitioner had previously stated before us that the petitioner is willing to clear all his debts if one-time settlement is offered by the bank and for which purpose the petitioner had also returned to the bank.
In response to notice issued the bank has appeared and filed reply taking a stand that the petitioner's repayments were extremely irregular. The petitioner is treated as willful defaulter. One-time settlement is not available to him. The bank has also produced the statement of the petitioner's account which would show that after 04.07.2019 the petitioner has deposited just over Rs.10,000/- with the bank. In the meantime, according to the bank, as on March, 2021 the petitioner's outstanding dues had reached Rs.43,31,849/-.
In view of such credit history of the petitioner, we are not inclined to exercise discretionary writ jurisdiction in favour of the petitioner, particularly when the statute under the SARFAESI Act has provided a machinery where all issues and disputes concerning the secured assets and recovery by the financial institutions can be sorted out. Let the petitioner approach DRT if he has any grievances. This petition is, however, dismissed.
Pending application(s), if any, also stands disposed of.