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2013 Supreme(HP) 170

R.B.Misra, V.K.Sharma
Amar Nath – Appellant
Versus
ICICI Bank Ltd. – Respondent


Advocates Appeared:
For the petitioner:Mr. Varun Thakur, Advocate.
For the respondents:Mr. Vijay Verma, Advocate, for respondents No. 1 & 2.
Mr. Sharawan Dogra AG, with M/s. Anup Rattan and Romesh Verma, Addl. AGs, J.K. Verma and Ms. Parul Negi, Dy. AGs, for respondents No. 3 to 5.

JUDGMENT

R.B. Misra, ACJ. (Oral).

The petition has been filed mainly for the following prayers:

i) That the writ of certiorari may kindly be issued against the respondents, quashing the Annexure P-5.

ii) That the writ of mandamus may kindly be issued in favour of the petitioner directing the respondent bank for making the reschedulement of the outstanding loan dues with the petitioner.

iii) That the respondent Bank may be directed to settle the outstanding loan dues of the petitioner under one time settlement guide lines framed by the Reserve Bank of India or under the guide lines of the respondent Bank, if framed by it.

iv) That the respondent bank may be directed to allow sufficient time to the petitioner so that they may arrange the amount for clearing the outstanding loan dues (after allowing rebate/concession in the interest and by waiving of the penalties) or permission may be allowed to the petitioner to sell out some portion of his property to satisfy the outstanding loan liability of the respondent bank.

2. Annexure P-5/order dated 16.02.2013, passed by the District Magistrate, District Sirmaur at Nahan, H.P., is under challenge and the petitioner has prayed for quashing the same









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