Harbir Singh v. State Bank Of India & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.5565 of 2016 (O&M) DATE OF DECISION: 22.03.2016 Harbir Singh .....Petitioner versus State Bank of India and others .....Respondents CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present: Mr. R.S. Mamli, Advocate for the petitioner ..

S.J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):

The petitioner seeks an order directing the Ist respondent-Bank to recover the amounts from respondent Nos.2 and 3 and not from him on the ground that respondent Nos.2 and 3 are the principal debtors and that he is only a guarantor. The petitioner has also alleged collusion between respondent No.1 on the one hand and respondent Nos.2 and 3 on the other.

2.

The parties have approached the Lok Adalat. A compromise appears to have been arrived at between the parties. The Lok Adalat has merely stated that if the compromise is not honoured by the petitioner and respondent Nos.2 and 3, the bank would be at liberty to pursue its remedy as per law.

3.

At this stage, the petitioner merely seeks further time to make the payment in instalments. The petitioner ought to approach the Lok Adalat for the same after giving notice to the respondents.

If the Lok Adalat does not entertain the application, the petitioner is at liberty to have this petition revived. PARKASH CHAND 2016.03.22 17:59 I attest to the accuracy and authenticity of this document

CWP-5565-2016 - 2 - 4.

The petition is accordingly disposed of.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE 22.03.2016 ( ARUN PALLI ) parkash* JUDGE PARKASH CHAND 2016.03.22 17:59 I attest to the accuracy and authenticity of this document