Anil Kumar Jindal vs District Magistrate on 11 February, 2009

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

                          C.W.P. No. 2063 of 2009.
                          Date of Decision: 11th February, 2009.
Anil Kumar Jindal         ....   Petitioner
                                 through
                                 Mr. Sanjiv Kaushik, Advocate

             Versus

District Magistrate, Karnal & Ors.    Respondents

through
Mr. R.D.Sharma, Sr. DAG, Haryana
Mr. Alok Jagga, Advocate for respondents
No. 2 and 3.

CORAM:

HON’BLE MR. JUSTICE SURYA KANT.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

SURYA KANT, J. [ORAL)

The petitioner seeks quashing of the orders dated

16.10.2008 and 30.1.2009 [Annexures P-3 and P-8] whereby the

possession of his residenti8al house bearing No. 14, Ward No. 2,

Indri, District Karnal, has been taken and the same is being put to

auction for recovery of arrears of loan amount.

Suffice it to note that according to the Bank, the petitioner

has taken a house loan in addition to Cash Credit Limit and Over-

Draft facility from the respondent Bank. According to the

respondents, the petitioner’s loan liability, at present is not less than

Rs.8 lacs. The petitioner, on the other hand, has disputed the

Statement of Accounts. However, the said controversy need not be

gone into by this Court as the matter is already pending before the

Debts Recovery Tribunal, Chandigarh.

The only limited issue raised in this writ petition pertains

to the delivery of possession of the petitioner’s residential house.

After arguing the case for some time, learned counsel for

the parties have agreed for disposal of this writ petition in the

following terms:-

[i] the petitioner undertakes to pay a sum of Rs. 10 lacs to

the respondent Bank on or before 18.2.2009;

[ii] in case the petitioner deposits the afore-stated amount of

Rs.10 lacs, the respondent Bank shall deliver possession

of the said residential house on the very next day, i.e.,

19.2.2009;

[iii] however, if the petitioner deposits the afore-stated

amount of Rs.10 lacs even before 18.2.2009, the

respondent is directed to re-deliver the possession of the

house to the petitioner either on the same day or before

noon on the next day;

[iv] the petitioner further undertakes to pay another sum of

Rs.10 lacs on or before 7.3.2009;

[v] besides the entire arrears of house loan amount which

the petitioner is required to deposit before 30.4.2009, he

shall deposit another sum of Rs.10 lacs before the said

date with the respondent Bank. The balance amount

including interest, if any, shall be deposited by the

petitioner before 30.8.2009;

[vi] if the petitioner continues to deposit the installments as

per the Schedule, given above, the respondent Bank shall

not take possession of the house nor would it put any
mortgaged property of the petitioner to auction;

[vii] the petitioner shall deposit the afore-stated installments

without prejudice to his right in the pending case before

the DRT, Chandigarh;

[viii] the petitioner, however, shall be entitled to dispose of the

mortgaged properties in association with the Bank in such

a manner that the entire sale proceeds are directly paid to

the Bank;

[ix] symbolic possession of the mortgaged properties,

however, shall continue to remain with the respondent

Bank only.

Disposed of.

Dasti.

February 11, 2009. ( SURYA KANT )
dinesh JUDGE