Kulbir Singh vs Oriental Bank Of Commerce & Anr on 27 January, 2009

CWP No.1250 of 2009                                     -: 1 :-


      IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                  HARYANA AT CHANDIGARH


                                     CWP No.1250 of 2009
                                     Date of decision: January 27, 2009.


Kulbir Singh
                                                        ...Petitioner(s)

            v.

Oriental Bank of Commerce & Anr.

                                                        ...Respondent(s)


CORAM:HON'BLE MR. JUSTICE SURYA KANT


1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?

Present:    Shri Deepak Manchanda, Advocate for the petitioner.

                                 ORDER

Surya Kant, J. – (Oral):

The petitioner – an agriculturist, seeks quashing of ex-parte

decree dated 8.12.2004 (Annexure P-4) passed by the Sub Divisional

Officer (Civil), Thanesar (Kurukshetra) under the provisions of the Haryana

Agricultural Credit Operations and Misc. Provisions (Bank) Act, 1973. The

petitioner also seeks quashing of the notice whereby his mortgaged property

is scheduled to be auctioned on 29.1.2009.

Admittedly, the petitioner had taken an agricultural loan of

Rs.2.50 lacs from the Oriental Bank of Commerce – respondent No.1.

According to the petitioner, he repaid a sum of Rs.57,000/- but thereafter he

started defaulting. The Bank filed a recovery suit/petition against the
CWP No.1250 of 2009 -: 2 :-

petitioner under the provisions of the above mentioned Act and the same

was decreed ex-parte. In execution of the ex-parte decree, that the SDO

(Civil), Thanesar has put the petitioner’s mortgaged property to a public

auction scheduled to be held on 29.1.2009.

After arguing the case on merits for some time, Learned

Counsel for the Petitioner submits that he is ready and willing to settle the

accounts with the respondent-Bank and to prove his bona fide, the petitioner

is ready to pay a sum of Rs.2 lacs within 15 days.

Having heard Learned Counsel for the Petitioner and keeping

in view the stand taken on behalf of the petitioner to the effect that he is

ready and willing to settle the accounts, I am of the considered view that

one reasonable opportunity deserves to be granted to the petitioner to arrive

at some settlement with the respondent-Bank and to discharge his loan

liability. Accordingly, this petition is disposed of with a direction that in

case the petitioner pays a sum of Rs.2 lacs to the respondent-Bank within

two weeks from today, the respondent-Bank shall consider the petitioner’s

claim for one-time settlement and shall thereafter grant some reasonable

time to him to pay the balance loan amount. Till then, the mortgaged land

of the petitioner shall not be put to auction.

Dasti.

January 27, 2009.                                    [ Surya Kant ]
kadyan                                                  Judge