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High Court of Himachal Pradesh · body

2025 DAILYLAW 9665 (HP)

MOHAN DUTT v. THE HPSCBL AND ANOTHER

CWP/4046/2025 · 2025-08-27

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4046 of 2025 Decided on 27th August 2025 Mohan Dutt …Petitioner Versus H.P. State Cooperative Bank and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Vasu Sood, Advocate. For the respondents: Mr. Pramod Singh Thakur, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has approached this Court for issuance of the direction to the respondents to settle the matter and grant time to the petitioner to repay the loan amount. 2. The loan is stated to have been availed by the petitioner somewhere in the year 2010 to the tune of Rs.3 lac. 3. When the case was listed in the Court, initially the Court granted interim to the petitioner as he deposited an amount of Rs.70,000/- on the said date and also assured the Court that the balance amount or some reasonable part thereof will be paid by the petitioner to the Bank. However, it is a matter of record that as from 24.03.2025, till date only an amount of 2 Rs.20,000/- has been paid by the petitioner against the outstanding loan. Accordingly, this Court is of the considered view that the Court cannot come to the rescue of such like petitioner, who filed a petition in the Court just to gain time, but has no intention to liquidate the amount which he has availed from the Bank. 4. This petition is, therefore, dismissed but with the observation that the respondent-Bank may restrain itself from auctioning the property of the petitioner upto 30.09.2025 and if in the interregnum, the petitioner is able to liquidate the entire amount alongwith interest as accruable upto the date of the payment of the amount, then, the property of the petitioner may not be auctioned. But if needful is not done by the petitioner by 30.09.2025, then, the respondents can proceed against the petitioner in accordance with law. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge August 27, 2025 (Vinod)