Smt. Kashmir Kaur Lakhan v. Uco Bank

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3899 of 2021

1. Smt. Kashmir Kaur Lakhan, W/o. Late Shri Lakhwinder Singh Lakhan, Aged About 60 Years, Resident Of MIG II, 2221, Housing Board Colony, Near Kali Bari Industrial Estate, Bhilai, Chhattisgarh.

2. Kuldeep Singh Lakhan, S/o. Late Shri Lakhwinder Singh Lakhan, Aged About 39 Years, Resident Of MIG II, 2221, Housing Board Colony, Near Kali Bari Industrial Estate, Bhilai, Chhattisgarh.

3. Smt. Princy Sejpal, W/o. Shri Mehul Sejpal, Aged About 37 Years, Resident Of EWS 200 Vaishali Nagar, Bhilai Chhattisgarh.

4. Ku. Twinkle Lakhan, D/o. Late Shri Lakhwinder Singh Lakhan, Aged About 32 Years, Resident Of MIG II, 2221, Housing Board Colony, Near Kali Bari Industrial Estate, Bhilai, Chhattisgarh.

---- Petitioners

Versus

1. UCO Bank, Through The Chief Executive Officer, Head Office, DD Block Sector 1, Bidhannagar, Kolkata, West Bengal.

2. Manager, UCO Bank, Branch Bhilai, Indira Place, Civic Centre, Bhilai, Chhattisgarh.

---- Respondents For Petitioners :

Shri Amrito Das, Advocate For Respondents :

Shri P.R.Patankar, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 23.09.20 Heard

1. Learned counsel for the petitioners submits that after death of the original loanee on 05.08.2021, the petitioners who are legal heirs were serious to deposit the outstanding amount and 15 days is sought for same.

2. Learned counsel for the respondents, on instruction, would submit that the property which was mortgaged by borrower has already been auctioned for Rs.64.45 Lacs and 25% of amount has already been deposited by auction purchasers. He submits that if the petitioners deposits the rest of the amount

within a period of 15 days, they would not accept the remaining 75% of the auction money. He further submits that the petitioners shall also be directed not to misbehave and create nuisance in the premises and extend any threat to the officers and staff of the Bank.

3. Under the circumstances, since a promise is made to deposit the amount, the petitioners may deposit the remaining amount of outstanding within a period of 15 days and in such case if the deposits are made, as per the submission of the Bank, the auction shall not be made final. The petitioners are also advised not to misbehave in the premises or extend any threat to the staff of the Bank.

4. In view of such observation, the petition stands disposed off. Sd/- Goutam Bhaduri Judge Aks