Raj Kishor vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Notice confined to respondents No.1 to 3, which is waived by Ms. Menka Raj Chauhan, learned Deputy Advocate General, and Mr. Raman Jamalta, learned counsel, for respondents No.1 and 2 & 3, respectively.

Keeping in view the grievance of the petitioner, the relief prayed for, and the order being passed hereinafter, reply to the writ petition is not required to be called for from the appearing respondents. Notice is also not required to be issued to respondents No.4 & 5, as their interest is not adverse, at this stage, to the writ petitioner. In terms of this order, no relief is being granted to the petitioner against the interest of respondents No.4 & 5.

Heard learned counsel for the parties and considered the case file.

The petitioner availed a term loan from the respondent-Bank. Owing to default in repayment of the loan, the account was classified as Non-Performing Asset (NPA). In Case No.1654/2014, the Arbitrator passed an award on 20.07.2016 against the petitioner (the borrower), as also against the guarantors (respondents No.4 & 5). An execution petition was moved by the respondent-Bank for recovery of the loan amount, which is statedly pending before the Collector, Recovery Nahan, District Sirmour. The said officer has issued orders dated 21.01.2026 (Annexure P-4 colly.) for attachment of the salaries of both the guarantors.

Learned counsel for the petitioner submitted that the respondents-Bank has extended the operation of One Time Settlement Scheme (OTS Scheme)-2024 up to 30.09.2026, in terms of office memorandum dated 24.03.2026 (Annexure P-3). The petitioner has applied for settlement of his loan under the aforesaid scheme on 09.04.2026 (Annexure P-5). The grievance of the petitioner is that the respondent-Bank is not considering his representation.

Learned counsel for the respondents-Bank submitted that the respondents are not averse to considering the representation of the petitioner within the four corners of law.

Having regard to the above submissions, but without examining the merits of the matter, this writ petition is disposed of with directions to respondent No.2/Bank to consider the representation preferred by the petitioner on 09.04.2026 (Annexure P-5) for settlement of his loan account, keeping in view the One Time Settlement Scheme-2024 extended up to 30.09.2026 under office memorandum dated 24.03.2026 (Annexure P-3), in accordance with law, as expeditiously as possible and in any event not later than six weeks. The order so passed be also communicated to the petitioner. Till then, coercive action be not taken against the petitioner, including any action consequent upon the orders at Annexure P-4 (colly).

The instant petition is disposed of in above terms. Pending miscellaneous applications, if any, also stand disposed of.