Dushyant Singh v. State Bank Of India

$~A-7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) No. 3327/2020 & CM APPL.11686-87/2020 DUSHYANT SINGH ... Petitioner Through:

Mr.Apoorv Agarwal, Adv.

versus STATE BANK OF INDIA ... Respondent Through:

Mr.S.L.Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 02.06.2020 This hearing is conducted through Video Conferencing. CM APPL.11686/2020 and CM APPL.11687/2020 (exemption from attestation and court fees) Exemption allowed, subject to all just exceptions. W.P.(C) No. 3327/2020 This writ petition is filed by the petitioner seeking an appropriate Writ for issue of a direction to the respondent Bank to hand over the documents and keys of the petitioner's medical store. The case of the petitioner is that he had taken a loan from the respondent bank but due to financial crunch was unable to pay the same. In November 2016 the case of the petitioner was declared NPA. In 2019, a One Time Settlement offer was made. The terms of the OTS permitted the petitioner an interest free settlement of INR 33,69,470/-.The petitioner claims he has paid the said amount, however, the shop in question remains sealed by the respondent bank which is an impediment for him to start his business. He also states that the original title papers of the property are lying with the respondent.

W.P.(C) No. 3327/2020

Learned counsel has entered appearance for respondent bank. He confirms that the entire dues of the petitioner payable to the respondent has been paid under the OTS Scheme. He further states that as far as the shop in question is concerned the same would be de-sealed within 10 days from today. Regarding the original title papers it is stated that an OA was filed before the DRT which is pending adjudication. The original title documents may be lying with the DRT. Learned counsel for respondent further states that an application has been filed before the DRT seeking closure of the case and also refund of the court fees and also return of the title papers to the petitioner.

In view of the above, the only issue that survives is regarding the title papers. Respondent bank will check whether the title papers are lying with the DRT. In case they are lying with the DRT the petitioner is free to move an appropriate application for release of the original title papers. In case such an application is filed DRT is requested to expeditiously deal with the same.

In case the title papers are lying with the respondent bank, in view of the fact that the entire dues had been paid under the OTS, the respondent will return the title papers to the petitioner. In such an eventuality, the title papers will be returned within three weeks from today.

Respondent bank will hand over possession of the shop in question to the petitioner within 10 days from today.

Nothing further survives in this petition. Petition stands dispose d of. All pending applications, if any, also stand disposed of. JUNE 02, 2020/n JAYANT NATH, J.

W.P.(C) No. 3327/2020