Disposed

Rakesh Kumar Sharma v. District Collector

Rajasthan HC3 Apr 2024CW/4530/2024

Case brief

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What is this about?

The High Court of Rajasthan, Jodhpur disposed of a writ petition by accepting the petitioners' consensual repayment proposal. The petitioners offered part payment upfront and the balance within three months, accompanied by a waiver of penal charges. The respondent Bank accepted the proposal, and no coercive action is to be taken.

What did the court decide?

The writ petition is disposed of. No coercive action to be taken against the petitioners on the agreed repayment terms.

Rakesh Kumar Sharma Vs District Collector — Banking and Recovery | Rajasthan HC (2024)

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[2024:RJ-JD:14739]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4530/2024

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Rakesh Kumar Sharma S/o Ashok Kumar Sharma, Aged About 20 Years, R/o.E-72, Sarvan Jayanti Yojana, Bikaner, Tehsil And District Bikaner.

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Santosh Devi W/o Ashok Kumar Sharma, Aged About 42 Years, R/o.E-72, Sarvan Jayanti Yojana, Bikaner, Tehsil And District Bikaner.

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----Petitioners

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Versus

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District Collector, Bikaner.

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Icici Bank, Branch Office 3Rd Floor, Rani Sagar Complex, Jaljog Circle, Jodhpur.

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M/s Laxmi Trading Company, Through Proprietor Ashok Kumar Sharma (Deceased), E-20, Karni Nagar, Lalgarh, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Chandra Shekhar Kotwani with Mr. Yash Rajpurohit For Respondent(s) : Mr. Vijay Purohit

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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03/04/2024

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Heard learned counsel for the parties.

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With the consent of learned counsel for the parties, the writ petition is being disposed of at this stage.

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Learned counsel for the petitioners submits that out of total outstanding amount of Rs.50,02,063/- (Rupees : Fifty Lakh Two Thousand Sixty Three Only) (as on 02.04.2024), the petitioners in pursuance of the communication dated 12.10.2021 are ready to permit the respondent No.2-Bank to encash the amount of Rs.26,00,000/- (Rupees : Twenty Six Lakh Only) lying in the Kotak Mahindra Bank, Bikaner Branch. He also assures this Court that consent and providing of necessary assistance for release of the

[2024:RJ-JD:14739]

[CW-4530/2024]

(2 of 2)

amount lying in Kotak Mahendra Bank at Bikaner Branch will be given by the petitioners, as and when required. He is further ready to pay an amount of Rs.10,00,000/- (Rupees : Ten Lakh Only) upfront to the respondent No.2 Bank within a period of ten days from today and balance amount of Rs.14,02,063/- (Rupees : Fourteen Lakh Two Thousand Sixty Three Only) plus interest, if any, the petitioners shall deposit the same within a period of three months from today to the respondent No.2-Bank. Learned counsel further submits that the respondent Bank may also consider the waiver of any penal charges on the amount due to the bank.

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The submission made by learned counsel for the petitioners is gracefully accepted by Mr. Vijay Purohit, learned counsel for the respondent No.2-Bank and he submits that the proposal given by the petitioners should be honoured by them as per the time frame given and in case the same is not honoured, the bank will be free to proceed against the petitioners in accordance with law for recovery of the amount due to them. He assures this Court that the respondent No.2-Bank will consider the submission of the petitioners for waiver of the penal charges on the amount due to the bank. Learned counsel for the respondent No.2-Bank assures this Court that no coercive action will be taken against the petitioners.

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In view of the above, the present writ petition is disposed of.

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(VINIT KUMAR MATHUR),J

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104-SanjayS/-

Rakesh Kumar Sharma v. District Collector

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Sharma v. District Collector

Case brief

What is this about?

What did the court decide?

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