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2022 Supreme(P&H) 35

M. S. RAMACHANDRA RAO, J. S. BEDI
Aseem Gaind – Appellant
Versus
Axis Bank, Retail Assets Centre – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.K. Sachdeva, Advocate
For the Respondent:Mr. D.K. Singal, Advocate with Mr. Mukund Gupta, Advocate

JUDGMENT :

M.S. Ramachandra Rao, J.

1. This Writ Petition is filed by the petitioner for issuance of a Writ in the nature of Certiorari for quashing of the letter dated 12.07.2019 (Annexure P-1) issued by respondent-Bank whereby prayer of the petitioner vide its letter dated 09.06.2019(Annexure P-6)for extension of time by another six months for repayment of balance amount of Rs. 1.76 Crores, out of total One Time Settlement (hereinafter referred to as “OTS”) of Rs. 2.36 Crores vide letter dated 30.03.2018 (Annexure P-5),was rejected .

2. The background facts The petitioner and his co-applicant had been sanctioned a home loan of Rs. 2,32,00,000/- on 18.02.2014 by the respondent-Bank which was to be repaid in 240 monthly installments on a floating rate of interest @ 0.25% above the base rate. Later, a home loan (against property) was also sanctioned for Rs. 1.74 Crores on 21.02.2014 to be repaid in 180 monthly installments on a floating rate of interest @ 1.75% above the base rate.

3. The petitioner contends that he and his co-applicant were doing business of the Furniture and Furnishing in Chandigarh, and on account of several unavoidable and unforeseen circumstances, they were forced

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