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2026 DAILYLAW 13907 (HP)

PURSHOTAM DASS AND OTHERS v. THE HP STATE COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD AND OTHERS

CWP/10768/2026 · 2026-07-02

Jyotsna Rewal Dua

body2026

Judgment text

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2026:HHC:26094 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10768 of 2026 Date of Decision: July 02 , 2026 Purshotam Dass & Anr. ...Petitioners Versus H.P. State Cooperative Agriculture & Rural Development Bank Ltd. & Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Mr. Subhash Mohan Snehi & Ms. Niranjana, Advocates. For the respondents : Mr. Narender Singh Thakur, Advocate. Jyotsna Rewal Dua, Judge Notice. Mr. Narender Singh Thakur, learned counsel appears and accepts service of notice on behalf of the respondents- Bank. Petitioners’ grievance is to the notice(s) dated 11.06.2026 (Annexure P-5) & 15.06.2026 (Annexure P-6) issued by the respondents-Bank scheduling petitioners’ property in question for auction on 03.07.2026 at 11.30 a.m. Property has been set for 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. -2- 2026:HHC:26094 auction on account of petitioners not repaying the loan amount which as per the impugned notice (Annexure P-5) is /-. In terms of the notice, petitioners had been given ample time to repay the loan. 2. Learned Counsel for the petitioners submitted that petitioners are ready to repay the loan amount and for settlement of their loan case under the One Time Settlement Scheme, if any, of the respondents-Bank. Learned counsel further submitted that to show their bonafides, petitioners are ready and willing to deposit 2 lac with respondent No. 3 – Bank by 09.07.2026. 3. In view of the grievance urged for the petitioners and the submissions made by their learned counsel, this writ petition is disposed of with direction that petitioners’ property shall not be auctioned on 03.07.2026 as scheduled accepting the assurance of learned counsel for the petitioners that the petitioners in order to show their bonafides shall deposit lac in the respondent No. 3- Bank by 09.07.2026 positively alongwith their proposal for repayment of loan. On petitioners submitting representation giving their proposal for settling their loan account under the applicable One Time Settlement Scheme/any other applicable Scheme etc., if any, their case for settling the loan account shall be considered by the respondents-Bank in accordance with law also keeping in view -3- 2026:HHC:26094 the One Time Settlement Scheme, if any applicable. The needful shall be done within four weeks thereafter. By way of abundant caution, it is clarified that the limited protection granted to the petitioners under this order shall cease to have any effect in case the petitioners do not comply with the assurance given in Court to show their bonafides. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua, Judge July 02 , 2026 (PK)