Hon'ble Manish Mathur,J.
Heard Mr. Hemant Kumar Mishra, learned counsel for the petitioner as well as Mr. Prashant Kumar Srivastava, learned counsel who has put in appearance on behalf of opposite parties.
The instant writ petition has been filed seeking following reliefs:
"(a) To issue a writ order or direction in the nature of MANDAMUS commanding the Opposite Party No.1 and 2 to allow the Petitioner to make repayment of loan amount as settled vide letter dated 09.09.2019 (Contained as Annexure No.1 to the Writ Petition) under one time settlement in four equal installments, within a period of one year and the Petitioner is also ready to pay simple interest of delayed payment.
(b) To issue a writ order or direction in the nature of MANDAMUS commanding the Opposite Party No.1 and 2 to not take any coercive action against the Petitioner.
(c) To issue a writ order or direction in the nature of MANDAMUS commanding the Opposite Party No.1 and 2 to allow the Petitioner to sell out the mortgaged properties in the open market and the purchaser shall pay the amount directly to the bank against the loan amount after clearing total amount the remaining property may be release in favor petitioner.
(d) To issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case.
(e) To award the cost of this petition in favour of the petitioner."
Learned counsel for the petitioner submits that the Reserve Bank of India has issued a circular dated 27.03.2020. As per the said schedule the petitioner is entitled to get the rescheduling of his outstanding payment. It is also submitted that the petitioner is ready for one time settlement with the Bank and in this regard he has drawn attention of the Court towards a letter dated 20.05.2020 issued to the petitioner. The copy of letter dated 20.05.2020 is annexed as Annexure-7 to the writ petition. As per the said letter the petitioner has been asked to deposit 15 per cent of the outstanding amount as upfront amount so that his case may be considered for settlement. The said letter has been issued considering the Covid-19 pandemic.
Learned counsel for the opposite parties/Bank on the other hand submits that the petitioner is not coming forward to settle his outstanding amount in pursuance to the letter dated 20.05.2020 issued by the opposite party/Bank. It is also submitted that the circular issued by the Reserve Bank of India is not applicable in the case of the petitioner.
Be that as it may, it is between the opposite parties/Bank and the petitioner to make an endeavour and settle their dispute. The petitioner may approach the opposite parties/Bank and the Bank may do the needful as it may just fit and proper.
With the aforesaid observations, writ petition is disposed of.
Order Date :- 22.1.2021 Ram.