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2025 DAILYLAW 15624 (UTT)

NITIN AGARWAL v. ICICI BANK LIMITED

WPMS/3566/2025 · 2025-12-23

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11548 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 5 6 6 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Mr. Eshan Sachdeva, Advocate for the petitioners through V.C. Ms. Monika Pant, Advocate for the respondent-bank. 2. Petitioner took a term loan of Rs. 35.00 lakh from ICICI Bank, Branch Haridwar in the year 2022. Since there was some default in repayment of loan, therefore respondent-bank invoked power available to it under Section 13(2) of SARFAESI Act, 2002, which was followed by an order passed by District Magistrate, Haridwar under Section 14 of the Act. Thus feeling aggrieved, petitioners have approached this Court. 3. Learned counsel for petitioners submits that petitioner has deposited around Rs. 6.00 lakh in his loan account and as per his instructions, the outstanding amount is only Rs. 35,31,269/-. 4. Learned counsel for the bank, however, disputes the said submission and submits that outstanding amount mentioned by petitioner was of 31.07.2024. She submits that as per her instruction, the outstanding amount as on 20.12.2025, is more than Rs. 40.00 lakh. 2025:UHC:11548 5. Learned counsel for petitioner submits that petitioner’s father suffered a massive heart attack and died and petitioner also remained hospitalised for considerable period on account of heart illness. He submits that petitioner wants to make an offer for One Time Settlement (OTS) with the bank and competent authority in the bank be directed to take decision thereupon. 6. Learned counsel for the petitioner although refer to some offer earlier made; however, learned counsel for the Bank submits that such offer was not made to the competent authority. 7. The writ petition is, accordingly, disposed of with liberty to petitioner to submit fresh proposal for OTS before the competent authority in the bank. If petitioner submits such proposal within ten days from today, competent authority in the bank shall take decision thereupon, as per law, within two weeks thereafter. 8. For a period of three weeks or till decision is taken on the proposal, whichever is earlier, no coercive action shall be taken against the petitioners. (Manoj Kumar Tiwari, J.) 23.12.2025 Mahinder 2025:UHC:11548