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2026 DAILYLAW 9145 (UTT)

RAJESH KUMAR v. THE KURMANCHAL NAGAR SAHKARI BANK LTD

WPMS/2272/2026 · 2026-07-29

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010131772026 2026:UHC:6625 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2272/2026 Rajesh Kumar --Petitioner Versus The Kurmanchal Nagar Sahkari Bank Ltd --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. Pradeep Chamyal, Advocate for the petitioner. Mr. Harsit Sanwal, Advocate for the respondent. 2. Petitioner took a financial assistance in the form of cash credit limit from Kurmanchal Nagar Sahkari Bank Limited, Sitarganj in the year 2010. Due to some default on part of the petitioner, Bank has initiated proceedings under SARFAESI Act, 2002 against the petitioner. In this writ petition, petitioner has sought the following reliefs: i) Issue a writ, order or direction, in the nature of certiorari quashing the notice dated 22/05/2026 passed by Additional District Magistrate Udham Singh Nagar. (Annexed as Annexure No.5, page No... 31 to the writ petition) ii) Issue a writ, order or direction in the nature of mandamus directing the respondent to settle the loan account of petitioner by allowing the petitioner to pay all the outstanding loan in installments within a short time keeping in mind the financial condition of the petitioner. iii) Issue a writ, order or direction in the nature of mandamus directing the respondent to not take any coercive action against the mortgaged property of the petitioner.” UKHC010131772026 2026:UHC:6625 3. Learned counsel for the petitioner submits that he is ready and willing to repay the loan; however, due to some personal difficulty, he could not service the loan for some time. He submits that petitioner be permitted to approach the Competent Authority in the Bank with proposal for ‘One Time Settlement’ (OTS) and the competent authority in the Bank be directed to take decision on that proposal. 4. Mr. Harshit Sanwal, learned counsel appearing for the Bank assures that if petitioner submits proposal for OTS, the same shall be considered sympathetically, as per RBI guidelines and also of the Bank. 5. The writ petition is, accordingly, disposed of with liberty to petitioner to submit proposal for OTS by 03.08.2026. If petitioner submits such proposal within stipulated time, the competent authority in the Bank shall take decision on the proposal within three weeks thereafter. 6. Till decision on the proposal is taken, no coercive action shall be taken against petitioner by the Bank. (Manoj Kumar Tiwari, J.) 29.07.2026 Mahinder UKHC010131772026 2026:UHC:6625