Punjab-Haryana High Court
Rakesh And Anr vs Sarva Haryana Gramin Bank Jhajjar & Anr on 19 January, 2018
Bench: Surya Kant, Shekher Dhawan
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.29662 of 2017.
Date of Decision: January 19, 2018
Rakesh and another ......Petitioners
versus
Sarva Haryana Gramin Bank, Jhajjar and another .....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE SHEKHER DHAWAN.
***
Present: Mr.Damodar Khurana, Advocate, for
Mr.Sanjeev Kodan, Advocate, for the petitioners.
-.-
Surya Kant, J. (Oral)
The petitioners availed two agricultural loans, one of Rs.2.0 lacs and another of Rs.1,73,000/- from Sarva Haryana Gramin Bank, Jhajjar. As the petitioners failed to discharge their debts liability, the bank approached the Sub Divisional Officer (Civil), Jhajjar under Section 8(1) of the Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973. The above stated Authority vide order dated 10.02.2015 (P-2) accepted the claim of the bank and directed the petitioners to pay the due amount of loan which by that time with interest etc. was Rs.7,37,996/- and 4,22,872/-, respectively. The petitioners have now at this stage chosen to file the present writ petition challenging the order dated 10.02.2015. The alternative prayer is that the petitioner is willing to pay the loan amount in installments.
Though we do not find any ground to interfere with the impugned order but it appears that the petitioners' request to recover the dues in installments requires sympathetic consideration. Consequently, the writ petition is disposed of with liberty to the petitioners to move an 1 of 2 ::: Downloaded on - 05-02-2018 18:34:00 ::: CWP No.29662 of 2017 [2] application before the Sub Divisional Officer (Civil), Jhajjar for modification of the order dated 10.02.2015 to the limited extent to fix monthly installments for the payment of loan amount. However, no such order shall be passed without hearing the bank. If the petitioners approach the said Authority within two weeks, let an appropriate order be passed within two months thereafter.
Dasti.
(SURYA KANT)
JUDGE
January 19, 2018 (SHEKHER DHAWAN)
mohinder JUDGE
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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