Rajasthan High Court - Jodhpur
Roshan Lal Chaudhary vs Chiarman Mewar Anchalik G. Bank &Ors; on 24 November, 2016
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
S.B.CIVIL WRIT NO. 6856 / 2009
Roshan Lal Chaudhary S/o Sh. Kamal Chandra, Aged
about 56 years, by caste Jat, Resident of Village Nahar
Magra, Mavli, Udaipur.
----Petitioner
Versus
1. The Chairman, Mewar Anchalik Gramin Bank,
Head Office, 22 Govindpura Colony, Udaipur (Raj.).
2. The Branch Manager, Mewar Anchalik Gramin
Bank, Branch Office - Debari, Tehsil - Girwa.
3. The Debt Recovery Tribunal, through its
Presiding Officer, Jaipur.
4. The Recovery Officer - I, Debt Recovery
Tribunal, Commissioner of Income Tax, Jaipur.
----Respondents
__________________________________________
For Petitioners : Mr. Neeraj Kumar Jain
For Respondents : Mr. B. R. Choudhary
__________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Judgment 24/11/2016 The prayer in the present petition is for setting aside the order dated 19.06.2006 issued by respondent No.1; with a further prayer that the respondent may consider for one time settlement scheme notified vide RBI Circular and accept the proposal of the petitioner towards full and final (2 of 3) [CW-6856/2009] settlement of the overdue after deducting amount of margin money along with interest and amount deposited by the petitioner.
Learned counsel for the parties state that the matter has been compromised in the spirit of Lok Adalat and the said compromise has also been placed before this Court. The terms of the compromise dated 24.11.2016 is reproduced below:-
"1. That the petitioner had availed Term Loan and Cash Credit facilities from the respondent bank, and as repayment was not made as per terms of sanction and account became NPA, the Respondent Bank filed OA No.69/2005 against the petitioner and others before DRT, Jaipur and the Final Order was passed by DRT, Jaipur on 2.4.2009 and held Respondent No.2 Bank entitled to Rs.10,56,657/- with interest @ 10% per annum with Six Monthly rests and when the Respondent Bank initiated the recovery proceedings against the petitioner, the petitioner filed this writ petition.
2. That the petitioner submitted an application for Compromise on 13.11.2016 to respondent bank and after negotiations, agreed to pay Rs.12,00,000/- Rupees Twelve Lax as full and final settlement towards the outstanding dues of the respondent bank as on 13.11.2016.
3. That the respondent bank has agreed to accept Rs.12,00,000/- Rupees Twelve Lax in full and final settlement of the above Term Loan and Cash Credit Facilities towards the remaining balance as on 13.11.2016. The amount will be paid within one month from today.
4. That the respondent bank will withdraw all the case of cheque Dishonour filed and pending against the petitioner after full payment of compromise amount as agreed is made, however the Recovery case of DRT Jaipur will be withdrawn only after decision in the SB Civil Writ Petition (3 of 3) [CW-6856/2009] No.6613/08 filed before Hon'ble High Court at Jodhpur, filed by petitioner with regard to KVIC Subside amount. The title deeds mortgaged with respondent bank as security will be delivered to the Mortgagors after full payment of compromise amount is made.
5. That the petitioner and the respondent bank will be bound to obey and honour the decision in the SB Civil Writ Petition No.6613/08.
6. That if the petitioner fail to pay the agreed compromise amount within the agreed period, respondent will be at liberty to recover full dues of the Bank.
7. That the petitioner and respondent bank agreed to comply with the above terms and conditions in the spirit of Lok Adalat."
Learned counsel for the parties agree that the matter has been compromised and pray that the petition be disposed of in terms of the said compromise.
Accordingly, the present petition is disposed of with the direction that the petitioner shall pay the amount agreed upon i.e. Rs.12,00,000/- towards full and final settlement by 24.12.2016 positively and the respondent bank shall withdraw all the cases of cheque dishonour filed by them and pending against the petitioner after the full payment of the amount as agreed, is paid. The parties will be bound by the terms of the compromise.
(NIRMALJIT KAUR)J. praveen