The High Court disposed of the writ petition as withdrawn, granting the petitioner leave to offer a one-time settlement to the bank within 30 days, with liberty to proceed against secured assets if terms are not met.
Petitioner allowed 30 days to offer one-time settlement; failure to appear by 31.10.2018 permits bank to auction secured assets.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 11030/2018
Mahendra Kumar S/o Late Shri Achla Ram Kumawat, Aged About 32 Years, B/c Prajapat, R/o Kumhar Mohalla, Garba Chowk, Village Shantpur, Tehsil- Abu Road, District- Sirohi (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Girish Sankhala For Respondent(s) : Mr. K.L.Khatri
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
01/10/2018
Learned counsel Shri Sankhala craves leave to withdraw the writ petition urging that the petitioner may be allowed to approach the bank with an offer of one time settlement.
Learned counsel Shri Khatri submits that the petitioner is in a habit of giving false assurances and then never turns up for settlement of the loan account.
Having regard to the peculiar facts and circumstances as available on record, the petitioner is given opportunity to approach the Bank with a genuine offer of one time settlement with full compliance of the stipulated conditions of part deposit etc. within next 30 days. If the petitioner appears before the authorized official of the Bank on or before 31.10.2018 with an offer of one
(2 of 2)
[CW-11030/2018]
time settlement, such offer shall be considered sympathetically. However, if the petitioner fails to appear before the authorized officer of the bank by 31.10.2018, then the Bank shall be at liberty to proceed with auction of the secured assets.
The writ petition is disposed of as withdrawn with the above liberty to the petitioner. The stay application is also disposed of. No costs.
(SANDEEP MEHTA),J
mamta/69
Mahendra Kumar
Central Bank Of India
Authorize Officer, Central Bank Of India
Sandeep Mehta
As recorded by the court registry
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