Disposed

Smt. Ranjeet Kaur and Anr. v. State Bank of India and Anr.

Rajasthan HC16 Feb 2015CW/2376/2014

Case brief

AI extract

What is this about?

Petitioner challenged auction of attached agricultural land for recovery of bank dues. Court disposed of writ petition directing deposit of outstanding dues within two weeks to stay auction, with liberty to bank to proceed if deposit fails.

What did the court decide?

Land attached shall not be put to auction if petitioners deposit entire outstanding dues of respondent-Bank within two weeks, otherwise bank at liberty to proceed with auction.

Smt. Ranjeet Kaur and Anr. Vs State Bank of India and… — Banking and Recovery | Rajasthan HC (2015)

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SMT. RANJEET KAUR & ANR. VS. STATE BANK OF INDIA & ANR. (S.B.C.WRIT PETITION NO.2376/14)

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Dated:- 16.2.15.

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HON'BLE MR.JUSTICE SANGEET LODHA

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Mr.V.K.Sharma, for the petitioners. Mr.J.K.Chanda, for the respondent-Bank.

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By way of this writ petition, the petitioner has questioned the legality of auction notice dated 1.7.13, whereby the petitioners' agriculture land situated in Chak 2 KSM Stone No.282/393, Kila No.17 to 25, ad measuring 2.1 hectares, is sought to be auctioned for recovery of the outstanding dues of the respondent-Bank.

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On 28.3.14, while issuing notice to the respondents, this court passed an interim order in favour of the petitioner in the following terms:

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“Meanwhile, further proceedings pursuant to notice dated 01.07.2013 (Annex.4) issued by the Tehsildar (Revenue), Anoopgarh shall remain stayed subject to the condition that the petitioner shall deposit a sum of Rs.2,00,000/- lacs within the respondent-bank within a period of two weeks.”

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The petitioner failed to deposit the amount as directed by this court within the stipulated period and therefore, a fresh notice dated 28.4.14 was issued by the Tehsildar (Revenue), Anoopgarh, directing the petitioner to deposit a sum of Rs.3,77,225/- latest by 19.5.14. Under these circumstances, the petitioner preferred a second stay

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petition .

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Learned counsel appearing for the petitioner submitted before this court that during the pendency of the second stay petition, the petitioners have already deposited a sum of Rs.3,77,225/- and if any amount is outstanding, the petitioners are ready to deposit the same. In view of the statement made by the learned counsel for the petitioners as aforesaid, this court vide order dated 28.1.15 passed an interim order in the following terms:

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“In the meanwhile, the petitioners' property shall not be put to auction, if the petitioners have already deposited a sum of Rs.3,77,225/- pursuant to the notice dated 28.4.14 issued by the Tehsildar(Revenue), Anoopgarh.”

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Learned counsel appearing for the respondent-Bank submitted that as a matter of fact, the petitioners have deposited a sum of Rs.1,77,000/- and not Rs.3,77,225/- as stated before this court on 28.1.15. It is submitted that a sum of Rs.2,45,019/-is still outstanding against the petitioners in the loan account.

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Learned counsel appearing for the petitioners submitted that the petitioners undertake to deposit the entire outstanding dues i.e. Rs.2,45,019/-, within a period of two weeks.

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In this view of the matter, the writ petition is disposed of with the direction that if the petitioners deposit the entire

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outstanding dues of the respondent-Bank within a period of two weeks, the petitioners' land already attached, shall not be put to auction. However, it is made clear that if the petitioners fail to deposit the outstanding dues within the stipulated period, the respondent-Bank shall be at liberty to proceed with the auction of the land forthwith. No order as to costs.

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(SANGEET LODHA),J.

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Aditya/

Smt. Ranjeet Kaur and Anr. v. State Bank of India and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Ranjeet Kaur and Anr. v. State Bank of India and Anr.

Case brief

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What did the court decide?

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