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2025 DAILYLAW 2013 (HP)

THE BAGHAT URBAN CO-OPERATIVE BANK v. RAJENDER SINGHS/o late Sh. Garib Dass

COPC/926/2025 · 2026-01-07

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.926 of 2025 Date of Decision: 07.01.2026 _____________________________________________________________________ The Baghat Urban Co-operative Bank ……...Petitioner Versus Sh. Rajender Singh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Narender Sharma, Advocate. For the respondent: Ms. Suja Joshi & Mr. Dipankar Bagga, Advocates. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Though this Court is of the definite view that on account of passing of judgment dated 22.04.2025 by Division Bench of this Court in CWP No.9220 of 2024, titled as M/s A2Z Departmental Store Vs. The Baghat Urban Co-op Bank Limited., instant contempt proceedings filed at the behest of the petitioner/bank for non- compliance of order dated 05.09.2024 are not maintainable, especially when careful perusal of order dated 22.04.2025 clearly reveals that order dated 05.09.2024 was recalled, however, it is clarified that very consequence of recalling of order dated 05.09.2024 is that property, which was ordered to be de-sealed in terms of aforesaid order, could have been again sealed by the petitioner bank on account of non- payment of loan amount. 2 2. In view of the above, present petition is disposed of reserving liberty to the petitioner to take appropriate steps for taking over the possession of the property in question, which was otherwise ordered to be de-sealed in terms of order dated 05.09.2024, which, now, has lost its efficacy on account of order dated 22.04.2025. January 07, 2026 (Sandeep Sharma), (Sunil) Judge