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2025 DAILYLAW 18055 (HP)

SURJEET KUMAR v. HP STATE COOPERATIVE BANK LTD. AND ORS

CWP/6804/2023 · 2025-03-17

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6804 of 2023 Decided on: 17th March, 2025 ------------------------------------------------------------------------------------- Surjeet Kumar …..Petitioner Versus H.P. State Co-operative Bank Ltd. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Tara Singh Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate. For the Respondents: Mr. Parmod Singh Thakur, Advocate, for respondents No.1, 3 and 4. Respondent No.2 stands deleted. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed against the recovery proceedings initiated by the respondent-H.P. State Co-operative Bank Limited against the petitioner before respondent No.3-Tehsildar Recovery (Bank), H.P. State Co-operative Bank Limited, District Mandi. In terms of the interim order dated 22.09.2023 passed in this writ petition, the respondents were restrained from taking any coercive steps for sale of 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 property of the petitioner that was attached with them, in terms of recovery certificate issued by the Tehsildar Recovery (Bank). 2. Respondents No.1, 3 and 4 have filed reply to the writ petition. At this stage, learned Senior Counsel for the petitioner submits that the petitioner is desirous of settling his case with the respondent-Bank and he be permitted to prefer a representation to the respondent- Bank, whereafter, the competent authority of the Bank be directed to consider and decide the same within a time bound schedule. This is not objected to by learned counsel for the respondent-Bank. 3. Having regard to the afore-submissions, this writ petition is disposed of by granting liberty to the petitioner to prefer a representation to respondent No.1/ competent authority within a week from today. In case such a representation is so made, the same shall be considered and decided by the competent authority in accordance with law within next two weeks. The decision so arrived at shall also be communicated to the petitioner. 4. Till decision of the representation, interim order dated 22.09.2023 shall remain in force. It is, however, made clear that in case the petitioner does not prefer any representation within the period granted to him, the 3 protection granted under the interim order shall stand automatically vacated. Respondent-Bank shall be at liberty to proceed against the petitioner in accordance with law. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 17, 2025 Judge Mukesh