1 2025:CGHC:6157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3521 of 2019 1. Rakesh Kumar Daswani S/o Shri U.D. Daswani, Aged About 46 Years R/o House No. 13, Aishwarya Residency, G.E. Road, Telibandha, Raipur, Tehsil And District Raipur, Chhattisgarh 2. Smt. Preeti Daswani W/o Shri Rakesh Kumar Daswani, Aged About 35 Years, R/o House No. 13, Aishwarya Residency, G.E. Road, Telibandha, Raipur, Tehsil And District Raipur, Chhattisgarh ... Petitioners Versus 1. IDFC First Bank Limited, Naman Chambers, C-32, G Block, Bandra Kurla Complex, Bandra (East) Mumbai (Maharashtra) 400051 2. IDFC First Bank Limited, Registered Office, KRM Towers, 7th Floor, No. 01, Harrington Road, Chetpet, Chennai (Tamilnadu) 600031 3. Capital First Limited Through Branch Manager, IDFC First Bank Limited, D.B. City Office, 6th Floor, D.B. City, Corporate Park, Rajbandha Maidan, G.E. Road, Raipur, Tehsil And District Raipur, Chhattisgarh ... Respondents For Petitioners : Mr. Anand Shukla, Advocate For Respondent No. 1 : Mr. Ritesh Sharma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03/02/2025 1. The petitioners have filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased direct the respondent authorities to declassify the petitioner's account from category of non-perfoming assets. 10.2 That, this Hon'ble Court may kindly be pleased direct the respondent to act as per the OTS and restrain the respondents for further proceedings under the SARFASI Act, 2002. Digitally signed by RAMESH KUMAR VATTI 2 10.3 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Mr. Anand Shukla, learned counsel appearing for the petitioners would submit that out of 06 accounts, 02 were closed in the year 2019. He would further contend that an application for one time settlement was moved during pendency of this petition. He would submit that respondent No. 1 has not disclosed outstanding amount. He would further contend that the most part of the loan has already been re-paid by the petitioners. He would submit that the petitioners are ready to settle the dispute, therefore, a direction may be issued to respondent No. 1 to decide the application/representation made by the petitioners on 24.01.2025 for one time settlement. 3. On the other hand, Mr. Ritesh Sharma, learned counsel appearing for respondent No. 1 would oppose. He would submit that at present, outstanding amount is Rs.3.25 crores. He would submit that offer of Rs.01 crore given by the petitioners was declined by respondent No. 1. He would also submits that writ petition is not maintainable as an order under Section 14 of the SARFAESI Act has already passed against the petitioners. He would submit that the petitioners should have approached the Debt Recovery Tribunal under Section 17 of the Act. 4. The application dated 24.01.2025 is taken on record. 5. Heard learned counsel for the parties and perused the documents. 6. Taking into consideration the fact that application for one time settlement moved by the petitioners is still pending consideration before respondent No. 1 dated 24.01.2025, therefore, without making 3 any observation on the merits of the case, the petiton is disposed of with a direction to respondent No. 1 to decide pending application moved by the petitioners for one time settlement preferably within a period of 30 days from the date of reciept of copy of this order. 7. Interim relief granted by the coordinate bench of this Court on 01.10.2019 shall continue for a period of 30 days only. 8. Consequently, the petiton is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti