03. 09.09.2016 Heard learned counsel for the parties.
2. In the present writ application, challenge has been made to the posses
sion notice dated 08.06.2015 under Annexure-1 for the alleged default on the amount of loan re
payable to the bank.
3. It is stated by the learned counsel for the petitioner that he has app
roached this Court earlier in W.P.(C) No.10953 of 2015 which had come to be disposed of by ord
er dated 23.6.2015 granting permission to the petitioner to approach the bank for One Time Set
tlement. He claims that under Annexure-3, he has made such an application but there has been i
naction on the part of the bank to deal with the same.
Learned counsel for the petitioner states that a sum of Rs.7,31,000/-
has been deposited by the petitioner in the meanwhile and obviously, the loan account would ha
ve substantially been reduced.
4. Mr.G.D.Kar, learned counsel for the bank submits that the earlier orde
r of this Court has been passed ex parte and the petitioner has failed to bring the earlier di
rection of this Court to the notice of the Court for which, no action could have been taken in
the said regard. Apart from the above, he submits that if the petitioner has filed a fresh ap
plication, the same will be entertained and considered on its own merit and no coercive action
shall be taken against him until a decision is taken thereon.
5. Considering the fact situation of the present case, we direct that if
the petitioner files an application for One Time Settlement afresh within a period of four wee
ks from today, the bank shall do well to consider the same in accordance with law within a fur
ther period of six weeks therefrom. No further amount need be deposited by the petitioner in v
iew of the deposit already made. We further direct that, till a decision is taken thereon, no
coercive action shall be taken against the petitioner and earnest effort may be made by both t
he parties to ensure that the matter is settled keeping the interest from both sides in mind.
6. With the aforesaid observation and direction, the writ petition is dis
posed of.
Urgent certified copy of this order be granted on proper application.
..
I.Mahant
y, J.
.......
Biswajit Mohanty, J.
Misc. Case No.5989 of 2016
04. 09.09.2016 In view of the order passed in W.P.(C) No.6484 of 2016
, the present Misc. Case is disposed of.
..
I.Mahant
y, J.
.......
Biswajit Mohanty, J.
