Court No. - 48
Case :- WRIT - C No. - 14639 of 2019 Petitioner :- Smt. Meena Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- C.S.C.,Abhishek Sharma
Hon'ble Siddharth,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for the respondent nos. 1 and 3 and Shri Abhishek Sharma, learned counsel for the respondent no.2,Uttar Pradesh Sahakari Gram Vikas Bank Limited.
Petitioners have approached against the auction sale notice dated 30.3.2019 published in daily 'Amar Ujala showing Yogeshwar Prasad as owner of the mortgaged property. Petitioners have submitted that they are the legal heirs of Yogeshwar Prasad, who has died on 3.6.2018 and loan was taken by him. It has been submitted that the deceased borrower moved an application for waiver of the loan which has been rejected by the order dated 22.4.2017 by the respondent -bank.
It has been submitted that petitioners are willing to settle the dues of the bank, in case bank provides them some relief regarding interest and penal charges.
It is open for the petitioner to move an application for settlement of loan before the respondent-bank within a period of two weeks from today and the bank shall consider the same and pass appropriate orders within four weeks thereafter.
For the period six weeks or till the decision taken by the bank on the application of the petitioner the auction of the property of the petitioner shall not be confirmed,if it takes place. In case some settlement is arrived at auction shall stand set aside.However if no settlement is arrived at between the parties, the bank shall be free to confirm the auction, if it take place.
With the aforesaid observations, the writ petition is disposed of.
A certified copy of this order be given to the learned counsel for the petitioners on payment of usual charges, today.
Order Date :- 26.4.2019 Atul kr. sri.