Shruti Singh v. Jogindra Central Cooperative Bank Ltd
Case at a glance
Outcome
Disposed of
The petition stands disposed of, so also the pending
Provisions considered
- Constitution of India art. 226
Judgment
Jogindra Central Cooperative Bank Ltd. through its Managing Director, Head Office Rajgarh Road, Solan, H.P. Jogindra Central Cooperative Bank, Dharampur, through its Manager, Near Bus Stand Dharampur, District Solan, H.P.
Assistant Collector, First Grade, Directorate of Cooperation Govt. of H.P. Cum Tehsildar (Recovery), Shimla-171009, H.P. (cid:133)(cid:133) Respondents. Civil Writ Petition under Article 226 of the Constitution of India. Coram: The Hon(cid:146)ble Mr. Justice Kurian Joseph, Chief Justice. The Hon(cid:146)ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Sandeep Pandey, Advocate. For the respondents : Mr. Ramakant Sharma, Advocate, for respondents No. 1 and 2. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): Petitioner is the daughter of late Sh. Swaranpal Singh, who had availed the Housing Loan from the second respondent. It appears that due to untimely demise of Shri Swaranpal Singh, the installments could not be paid in time. Naturally, the Bank has initiated the steps under Section 13 of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002. Petitioner submits that she may be given some more time. In view of the aforesaid development, the petitioner is 2 permitted to settle the dues with the Bank. The petitioner may file a fresh representation before the Bank furnishing fresh schedule for payment of the amounts by installments, in which case, the Bank shall consider the representation, in view of the hard fact that the principal lonee is no more and the petitioner is even now a student and that there is no serious dispute with regard to liability and all that they want is only some time, and the loan is fully secured by the mortgage.
We make it clear that only after passing appropriate order in accordance with law, equity and justice and in the light of the observations, as above, any coercive action shall be taken by the Bank.
Operative part
3. The petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. December 07, 2012 (bhupender/kalpana)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition stands disposed of, so also the pending
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Himachal Pradesh High Court, on 07 Dec 2012. The bench was RAJIV SHARMA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.