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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.3663/2007
(Chandra Mohan & Ors. Vs. S.B.I. & Anr.)
Date of order : 18.02.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. R.C. Joshi, for the petitioners.
Mr. J.K. Chanda, for the respondents.
Heard learned counsel for the parties.
Admittedly, a loan amounting to Rs.2,30,000/-
was sanctioned in favor of late Bhoma Ram by the
respondent Bank on 24.10.1997 and at that time late
Bhoma Ram mortgaged his agriculture land measuring 19
bighas and two biswas situated in Chak 22 H.M.H. Out
of the total loan amount, an amount of Rs.1,90,000/-
was as tractor loan and Rs.40,000/- was for the
purpose of crop loan. The loan amount was to be paid
in installments as per the agreement entered in
between late Bhoma Ram and respondent Bank.
As per petitioners, late Bhoma Ram was having
only two daughters namely Vidhya Devi and Noja Devi.
Vidhya Devi was married to Shri Lalu Ram and she is
having four sons named Puran Ram, Chandra Mohan,
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Dhaukal Ram and Jaipal. After death of late Bhoma
Ram, a family dispute arose in between the parties
with regard to partition of agricultural land which is
said to be mortgaged with the respondent Bank.
Ultimately, the said dispute was settled as per the
petitioners in the Court of Sub Divisional Magistrate
Hanumangarh.
The respondent Bank initiated proceedings for
recovery of outstanding loan amount of Rs.3,65,665 and
for that purpose, the movable and immovable property
of late Bhoma Ram was to be auctioned. The petitioner
No.1 has filed an application before the respondent
Bank in which it is prayed that he is ready to deposit
the entire outstanding amount. The petitioner No.1 in
Annexure-7 categorically stated that he is ready to
deposit Rs.2,20,000 as one time payment and matter may
be negotiated.
In this view of the matter, it is obvious
that the petitioner No.1 was ready to deposit the
amount of Rs.2,20,000/- as one time settlement of the
outstanding of late Bhoma Ram. Now, in this case, he
is raising a different dispute with regard to recovery
against the respondent No.4 and 5. It is very strange
that on one hand, the petitioner filed an application
for one time settlement and made prayer that he is
ready to deposit outstanding amount raised against
late Bhoma Ram with regard to his loan and here in
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this case, he is raising dispute that recovery should
be made not only from him but from all the four
brothers including petitioners and respondent Nos. 4
and 5.
In my opinion, when the petitioner No.1 has
filed application before the respondent Bank for One
Time Settlement then now he cannot raise any other
ground. More so, if he has any dispute with regard to
interest and exemption under the One Time Settlement
Scheme so regulated by Central Government, then, he is
required to file representation before the respondent
Bank.
In this view of the matter, this writ
petition is disposed of with the direction that the
petitioner may file representation before the
concerned Bank within a period of one month from today
and raise all his grounds. Upon filing the said
representation, the respondent Bank is directed to
decide the same in accordance with Scheme framed by
the Central Government within a one month from the
date of filing representation. It is also made clear
that in case any adverse order is passed by the Bank
against the petitioners then the petitioners will be
at liberty to take recourse of law. It is also made
clear that the property in question was originally
belonging to late Bhoma Ram and the said property was
mortgaged with the respondent Bank, therefore, for the
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purpose of recovery the respondent Bank is well within
its jurisdiction to recovery the amount after
auctioning the said property. However, if the
petitioner Nos.1 and 2 and respondent Nos. 4 and 5,
who are legal representatives of late Bhoma Ram, are
ready to deposit the amount then the matter may be
decided sympathetically by the respondent Bank after
considering the Scheme so framed by the Central
Government.
With the aforesaid observation/direction,
this writ petition is disposed of.
(GOPAL KRISHAN VYAS), J.
arun