SURINDER SINGH Vs. CANARA BANK

JUDGEMENT

(1.) The present case is a classic case where litigants misuse the indulgence of the Courts and make attempts to deny the recovery of the public money, apart from that wastage of Court time is also entailed. The basic principle which lies with the Writ Court that if a person has not come to the Court with clean hands and there is a concealment of facts, he has no right to be heard on merits in view of the law laid down by the Apex Court in Prestige Lights Ltd. vs. State Bank of India, 2007 (4) RCR (Civil) 46.

(2.) Claim herein for directions is sought to respondent-Bank to accept One Time Settlement (OTS) dtd. 19/10/2022 for deposit of rest of the money upto 31/7/2023 on the ground that as the Bank had already got the initial deposit of Rs.1,03,000.00 and balance of Rs.6,79,451.95 is pending. Resultantly, sale notice dtd. 11/4/2022 qua the House No.2913/60A, Piara Singh Colony, Near Mulla Atta Chakki, Tehsil Ropar, Punjab measuring 185 square yards, is sought to be quashed. The notice impugned as such has been issued under Sec. 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the property has been put to auction and the reserve price was fixed @ Rs.52,80,000.00.

(3.) Counsel for the respondent-Bank on advance notice has pointed out that the petitioner's son namely Harminder Singh filed a Civil Suit bearing No.922 of 2022 wherein the grounds pleaded were that the property is ancestral and he had right being a coparcenor. The son has got an interim order against the petitioner, who was defendant No.1 and defendant No.2 Gurminder Singh, his brother on the claim of having 1/3rd share in the suit property. The Bank-defendant No.3 was directed to grant 15 days time to clear the outstanding loan and if the applicant fails to do so then it was free to pursue with their legal remedy, which would be clear from the order dtd. 14/11/2022 passed by the Civil Judge (Jr. Division), Rupnagar. The relevant portion of the said order reads as under:-