Parminder Thakur vs Himachal Pradesh State Co-operative Agriculture And Rural Development Bank Ltd And Another

Tarlok Singh Chauhan, J

The instant writ petition has been filed for grant of following reliefs:Â​

“ (i) That the writ in the nature of mandamus may kindly be issued directing the respondents to consider the case of the petitioner for

settlement of the loan case raised by his father under One Time Settlement Policy and waive of the entire by his father under One Time

Settlement policy and waive of the entire interest on the loan amount raised by the petitioner and further respondents may kindly be directed

to place on record One Time Settlement policy and justice be done.â€​

(ii). That the writ in the nature of mandamus may kindly be issued directing the respondents not to take coercive steps to recover the

outstanding loan amount and further the complaint filed by the respondent No.1Âbank against the petitioner under Section 138 of the

Negotiable Instruments Act, 1881, titled as “The Manager, H.P. State Cooperative Agricultural and rRral Development Bank Ltd. versus

Parminder Thakur pending before the learned Judicial Magistrate 1st Class, Arki, Tehsil Arki, District Solan, H.P. may kindly be stayed till

the time the case of the petitioner is not decided and justice be done.â€​

On 01.01.2021, learned Standing counsel for the respondents was asked to obtain instructions.

Today, it is represented by Mr. Narender Singh Thakur, learned Standing counsel, that the respondentsÂbank is ready and willing to consider the

representation so made by the petitioner vide AnnexureÂP2 dated 26.11.2020. Once that be so, we see no reason to keep this petition on board and

dispose of the same with a direction to the respondents to consider and decide the representation of the petitioner (Annexure PÂ2) within three weeks

from today in accordance with One Time Settlement Scheme. Till such time, no coercive steps shall be taken by the respondents to effect the

recovery and the criminal complaint pending against the petitioner before the learned Judicial Magistrate 1st Class, Arki, District Solan H.P. shall be

deemed to be stayed.

It is further made clear that in case the proposal of the petitioner is eventually accepted then subject to the other conditions, the complaint pending

before the Magistrate shall be deemed to be compounded on presentation of a copy of this order. Pending miscellaneous application(s), if any, shall

also stand disposed of.

Copy dasti.