Dismissed

Raghbir Kaur and Ors. v. Union of India and Anr.

Punjab & Haryana HC23 May 2013LPA/1010/2013

Case brief

AI extract

What is this about?

Letters Patent Appeal dismissed as withdrawn. Appellants sought withdrawal with liberty to approach banks under the OTS Scheme, citing a challenge to the policy's cut-off pending before the Supreme Court. Court granted withdrawal subject to the OTS Scheme's status and non-discriminatory application.

What did the court decide?

Appeal dismissed as withdrawn with liberty to apply under the OTS Scheme. Payment deferred if Supreme Court grants relief to loanees in the pending matter.

Raghbir Kaur and Ors. Vs Union of India and Anr. — Consumer Protection | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Letters Patent Appeal No.1010 of 2013(O&M) Date of Decision : May 23, 2013

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Raghbir Kaur and others .....Appellants versus Union of India and others .....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.

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Present : Mr.Anuj Sharma, Advocate, for the appellants.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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-.-

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Surya Kant, J. (Oral)

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After arguing the appeal for some time learned counsel for the appellants submits that since the learned Single Judge has specifically observed that the banks may deal with the appellants for non-commercial loans in a sympathetic manner as far as possible, he may be permitted to withdraw this appeal with liberty to approach the bank under the OTS Scheme. He also points out that the cut off in the policy in question is under challenge before the Hon'ble Supreme Court and the matter is sub-judice.

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As prayed for, the appeal is dismissed as withdrawn with liberty to the appellants to apply under the OTS Scheme. Needless to observe that if any such Scheme is in vogue, the bank(s) concerned shall consider the proposal to be made by the appellants in a non-discriminatory manner and keeping in view the true letter and spirit of the observations made by the learned Single Judge, as noticed above.

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LPA No.1010 of 2013 (O&M) [2]

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As regard to the issue pending consideration before the Hon'ble Supreme Court, the payment, if any, shall be made by the appellants subject to the final outcome of that decision and in the event the loanee like the appellants are held entitled to any relief by the Hon'ble Supreme Court, the appellant shall be entitled to raise such a claim afresh.

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With observations and liberty, the appeal is dismissed as

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withdrawn.

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Dasti. (SURYA KANT) JUDGE $ May 23, 2013 (R.P.NAGRATH) Mohinder JUDGE

Raghbir Kaur and Ors. v. Union of India and Anr.

Case brief

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Raghbir Kaur and Ors. v. Union of India and Anr.

Case brief

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