Rakesh Kumar vs State Of Haryana And Others on 18 August, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH


                                       Civil Writ Petition No.12485 of 2009
                                              Date of Decision: 18.08.2009



Rakesh Kumar
                                                                    Petitioner
                                   Versus

State of Haryana and others

                                                                 Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:     Mr.Kulwant Singh Dhanora, Advocate for the petitioner

                          .....

Jasbir Singh, J.(Oral)

The petitioner raised loan from respondent No.5. He defaulted

in its re-payment. Matter was referred to an Arbitrator, who vide order

dated 9.8.2004, directed the respondent-bank to settle loan account of the

petitioner, under ‘one time settlement’ scheme, after calculating the interest

@ 12%, as per Scheme dated 1.10.2001 and then recover the defaulted

amount from the petitioner. It was further ordered that in case the petitioner

fails to make the payment as per directions mentioned above, the same be

recovered through coercive process.

It is contention of counsel for the petitioner that the petitioner

is ready and willing to make the payment, as directed vide order, mentioned

above, however, respondent No.5 the bank has not prepared loan account of

the petitioner, as directed vide order dated 9.8.2004.
Civil Writ Petition No.12485 of 2009 2

During arguments, it transpires that by stating his grievance,

the petitioner has sent two representations Annexures P3 and P4, which are

pending undecided.

Counsel for the petitioner states that the petitioner will be

satisfied in case directions are issued to respondent No.2 to decide his

representations, as per law and then direct the respondent-bank to comply

with the order dated 9.8.2004, passed by the Arbitrator. Counsel further

states that in case the loan account is prepared as per order, mentioned

above, on receipt of the calculation sheet, he shall make the payment

immediately thereafter.

In view of facts mentioned above, this writ petition is disposed

of by issuing directions to respondent No.2 to take note and decide

representations of the petitioner Annexures P3 and P4, as per law, by

passing a speaking order. Respondent No.2 is further directed to prepare

loan account of the petitioner as directed vide order dated 9.8.2004 by the

Arbitrator and supply the same to the petitioner. Needful be done within a

period of two months from the date of receipt of a copy of this order.

18.08.2009                                  (Jasbir Singh)
gk                                              Judge