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High Court of Himachal Pradesh · body

2025 DAILYLAW 32784 (HP)

KASHMIR SINGH (DECEASED THROUGH LRs NAGESHWARI AND OTHERS) v. HPSCARDBL AND OTHERS

CMP.M/1447/2025 · 2025-08-25

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Kashmir Singh (deceased through his LRs) versus Himachal Pradesh Cooperative Agriculture & Rural Development Bank Limited & Ors. CMP(M) No.1447 of 2025 [Item No.D-7] 25.08.2025 Present: Mr. Anshuman Thakur, Advocate in person and Mr. Rohit Suri, Advocate, through video conferencing, for the appellants. CMP(M) No.1447 of 2025 Keeping in view the averments made in the application, duly supported by the affidavit of applicant-appellant No.2 [Hemant Kumar], we are of the opinion that sufficient cause has been made out to condone the delay. Accordingly, delay of 30 days, as confirmed by the office, is condoned. The application stands disposed of. LPA No._______ of 2025 [Filing No.26930 of 2025] 2. Appeal be registered. 3. Inter alia contends, while referring to Annexure R-18, that the Bank could not have sent notice to the father of the petitioner, the loanee [Sita Ram], on 30.05.2014 and on the very same day fixed the date for transfer of property in its favour. The said notice thereafter provided that representation could be filed and the outstanding amount could be cleared. It is submitted that while exercising the powers under Section 30 of the H.P. Co-operative Agriculture & Rural Development Bank Limited Act, 1979, the bank sold the property to itself through an open auction of Rs.33,77,793/- on account of the highest bid offered, vide certificate dated 29.12.2014 [Annexure R-20]. It is, thus, the contention that the subsequent sale in favour of the private respondent on 31.12.2018, would also be vitiated. 4. Issue notice to respondents, returnable within six weeks, on taking steps within a week. 5. List on 18.10.2025. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge August 25, 2025 (Shivender/Bhardwaj)