Vikesh Sharma v. Authorized Officer, Union Bank Of India
2018-05-05
AJAY MOHAN GOEL, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sanjay Karol, A.C.J —Writ petitioner approached this Court, inter alia, praying for the following reliefs: "i. To set aside and quash the possession order dated 16.03.2018 (Annexure P-1) issued by the respondent bank as the same is arbitrary, illegal and defective. ii. The impugned possession be resumed to the petitioners and the respondent be restrained from further alienating or creating any third party charge on the mortgage property." 2. Annexure P-1 dated 16.03.2018 is the order, whereby the Bank intends to take possession of the petitioners'' property, i.e., land measuring 0-01-95 hectares, comprised in Khasra No. 236/3 and land measuring 0-00-50 hectares, comprised in Khasra No. 236/4 of Khata Khatauni No. 373 min/371, incorporated in jamabandi for the year 2005- 06 of Mohal & Phati Prini, Kothi Jagatsukh, Tehsil Manali, District Kullu alongwith all structures standing thereon. 3. With the intervention of learned counsel for the parties, we are happy to record that the parties are amicably resolving their dispute on the following mutually agreed terms, which are recorded in the shape of the affidavit dated 4th May, 2018, which we reproduce in totality: "1. That the aforesaid matter was lastly listed on 01.05.2018 before the Hon''ble Court and on the said date the counsel appearing for the petitioner apprised the Hon''ble Court that in pursuance of last order, the petitioner had deposited 25% amount out of total amount i.e. Rs.46, 44, 307.00 and at present as per bank statement dated 27.04.2018, the loan amount is Rs.34, 55, 333.00 after paying 25% amount i.e. Rs.11, 25, 000.00 on 26.04.2018. It is pertinent to mention here that on the said date i.e. 01.05.2018 the petitioner gave telephonically instructions to his counsel that at least one year may kindly be granted to clear the outstanding loan amount, but the same was not accepted by the respondent Bank. Thereafter, the consensus were made between both the parties to clear the outstanding loan amount within 4 months. 2. That the counsel appearing for the petitioner undertook before the Hon''ble Court that he will file an undertaking of the petitioner by 4th May, 2018 stating therein that if he fails to repay or clear the outstanding amount within 4 months then in that eventuality he would hand over the possession of the property back to the respondent bank. 3.
That the counsel appearing for the petitioner undertook before the Hon''ble Court that he will file an undertaking of the petitioner by 4th May, 2018 stating therein that if he fails to repay or clear the outstanding amount within 4 months then in that eventuality he would hand over the possession of the property back to the respondent bank. 3. That thereafter, the Hon''ble Court was pleased to direct the petitioner to file an undertaking in consultation with the respondent bank on some terms and conditions mutually agreed. The petitioner undertakes to clear entire outstanding loan amount in the following terms and conditions:- a. The petitioner undertakes to clear entire outstanding amount alongwith interest within 4 months. b. The petitioner undertakes to deposit entire amount by 4 installments and 1st installment would be 7th June, 2018 and this will go up to 7th September, 2018. c. The petitioner undertakes that if he fails to deposit any installment then he would hand over the property back to the respondent bank. d. The petitioner undertakes not to put any charge or 3rd party interest before the entire loan amount is cleared. e. The petitioner is competent and authorized to swear this affidavit on behalf of the petitioner." 4. Four terms, which need to be modified, as mutually agreed and orally prayed for, are as under: "A. Learned counsel for the petitioners under instructions states that in the event of the petitioners committing default, within two days therefrom, they shall hand over the property back to the respondentBank and the Bank unfetteredly shall be entitled to take all steps for its disposal, in accordance with law; B. Amount due and admissible shall be paid in four equated installments; C. Respondent-Bank to hand over the properties back to the writ petitioners on or before 8th May, 2018; and D. Parties undertake to withdraw all proceedings pending before all Fora. 5. In our considered view, the compromise is just, proper, fair as also in the interest of justice and the parties. There is no legal impediment in the same. Undertaking of the parties, in terms of the compromise, is accepted and taken on record. They have been explained the consequences of the breach of the undertaking. Consequently, present petition is disposed of as compromised. Terms of the settlement by way of affidavit shall form part of the order. Copy dasti.