Court No. - 3
Case :- WRIT - C No. - 23090 of 2021 Petitioner :- Sri Rajeev Kesharwani And 3 Others Respondent :- United Marcantile Co-Operative Bank Ltd. And Another Counsel for Petitioner :- Gyan Prakash Shrivastava Counsel for Respondent :- Chandan Kumar
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Petitioners have committed default in repayment of secured debt to the respondent-Bank. Bank has initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. However, no auction has taken place.
3. At the outset, petitioners have offered to pay the outstanding amount Rs.5,91,412.83/- together with entire interest due, within a period of five months. This offer has been accepted by learned counsel for the respondent - Bank.
4. Accordingly, the writ petition is disposed of with the following directions:
(i) The petitioners shall clear the entire arrears due, within a period of five months i.e. not later than 15 March, 2022.
(ii) In discharge of dues, the petitioners shall deposit, by way of first installment, a sum of Rs.2,91,413/- with the respondent - Bank, on or before 15 November 2021.
(iii) Upon deposit of Rs.2,91,413/- by the petitioners, the respondent - Bank shall immediately communicate to the petitioners the exact amount being claimed from them including interest computation up to 15 February, 2022 (on reducing balance).
(iv) Petitioners shall thereafter deposit the remaining amount in three equal installments of Rs.1,00,000/- each payable on or before 15 December 2021, 15 January 2022 and 15 February 2022 respectively.
(v) The amount of interest being claimed by the respondent - Bank may be paid, by way of last installment, on or before 15 March, 2022.
5. Subject to the continued compliance of the order being made by the petitioners, the auction proceedings may be kept in abeyance so however that the attachment shall continue but the secured asset may not be auctioned and physical possession may not be disturbed.
6. Any amount that may have been deposited by the petitioners pursuant to the impugned demand notice, may be adjusted against the deposit to be made under this order.
7. In case of default of any of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.
Order Date :- 25.10.2021 S.Chaurasia