Himachal Pradesh High Court
CMP/13248/2021 of REENA DEVI Vs HP GRAMIN BANK AND ANOTHER on 31 December 2021
13248 of 2021 in CWP No. 212 of 2019 31.12.2021 Present: Mr. B.N. Misra, Senior Advocate, with Ms. Vandana Misra, Advocate, for the applicant/petitioner. None for the respondents. CWP No. 212 of 2009 instituted by the applicant- petitioner was dismissed as withdrawn on 21.01.2019. However, it was
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CMP No. 13248 of 2021 in
CWP No. 212 of 2019
31.12.2021 Present: Mr. B.N. Misra, Senior Advocate, with Ms. Vandana Misra, Advocate, for the applicant/petitioner.
None for the respondents.
CWP No. 212 of 2009 instituted by the applicant-petitioner was dismissed as withdrawn on 21.01.2019. However, it was observed in the judgment that in case a proposal is made by the applicant-petitioner for repayment of the loan, the respondent-Bank may consider the same sympathetically.
The applicant-petitioner thereafter moved CMP No. 13608 of 2020 in the disposed off writ petition inter alia seeking stay of implementation of the possession notice issued by the respondent-Bank on 3.12.2020. Vide order dated 17.12.2020, passed in the afore numbered application, the implementation and execution of the impugned possession notice dated 3.12.2020 was stayed subject to deposit of Rs. 2,00,000/- by the applicant-petitioner with the respondent-Bank in addition to the amount of Rs. 6,60,000/- already deposited within a period of one week. The application was disposed of on 06.01.2021 observing that the applicant-petitioner because of prevailing pandemic situation could not repay the entire loan amount in one installment, therefore, it was observed that the respondent-Bank should consider petitioner’s case under various schemes of Government of India and the Reserve Bank of India for repayment of amount. The petitioner was directed to approach the respondent-Bank for re-scheduling the repayment of loan amount subject to deposit of Rs. 1,00,000/- within two weeks. Thereafter the bank was directed to consider petitioner’s case under the applicable scheme for repayment of loan amount.
Instant application bearing CMP No. 13248 of 2021 was moved by the applicant seeking direction to the respondent-Bank to comply with the order dated 06.01.2021 for re-scheduling the loan amount. The notice of application has been served upon the respondent-Bank, however, none has put in appearance.
Learned counsel for the applicant has placed on record a communication dated 14.12.2021 , in terms of which she has deposited up-front/token amount of Rs. 25,000/- with the respondent-Bank on 14.12.2021 and has undertaken to further deposit an amount of Rs. 1,10,000/- within a period of 90 days. The communication has been taken on record. In view of the above, the respondent-Bank is directed to take further necessary action in the matter for re-scheduling the repayment of petitioner’s loan amount in terms of order dated 06.01.2021 within a period of 2 months from the date of production of the copy of this order. The application stands disposed of.
( Mohammad Rafiq ), Chief Justice Chief Justice 31[st] December, 2021 (K) (Jyotsna Rewal Dua), Judge