1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3663/2007 (Chandra Mohan & Ors. Vs. S.B.I. & Anr.) Date of order : 18.02.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. R.C. Joshi, for the petitioners. Mr. J.K. Chanda, for the respondents. Heard learned counsel for the parties. Admittedly, a loan amounting to Rs.2,30,000/- was sanctioned in favor of late Bhoma Ram by the respondent Bank on 24.10.1997 and at that time late Bhoma Ram mortgaged his agriculture land measuring 19 bighas and two biswas situated in Chak 22 H.M.H. Out of the total loan amount, an amount of Rs.1,90,000/- was as tractor loan and Rs.40,000/- was for the purpose of crop loan. The loan amount was to be paid in installments as per the agreement entered in between late Bhoma Ram and respondent Bank. As per petitioners, late Bhoma Ram was having only two daughters namely Vidhya Devi and Noja Devi. Vidhya Devi was married to Shri Lalu Ram and she is having four sons named Puran Ram, Chandra Mohan, 2 Dhaukal Ram and Jaipal. After death of late Bhoma Ram, a family dispute arose in between the parties with regard to partition of agricultural land which is said to be mortgaged with the respondent Bank. Ultimately, the said dispute was settled as per the petitioners in the Court of Sub Divisional Magistrate Hanumangarh. The respondent Bank initiated proceedings for recovery of outstanding loan amount of Rs.3,65,665 and for that purpose, the movable and immovable property of late Bhoma Ram was to be auctioned. The petitioner No.1 has filed an application before the respondent Bank in which it is prayed that he is ready to deposit the entire outstanding amount. The petitioner No.1 in Annexure-7 categorically stated that he is ready to deposit Rs.2,20,000 as one time payment and matter may be negotiated. In this view of the matter, it is obvious that the petitioner No.1 was ready to deposit the amount of Rs.2,20,000/- as one time settlement of the outstanding of late Bhoma Ram. Now, in this case, he is raising a different dispute with regard to recovery against the respondent No.4 and 5. It is very strange that on one hand, the petitioner filed an application for one time settlement and made prayer that he is ready to deposit outstanding amount raised against late Bhoma Ram with regard to his loan and here in 3 this case, he is raising dispute that recovery should be made not only from him but from all the four brothers including petitioners and respondent Nos. 4 and 5. In my opinion, when the petitioner No.1 has filed application before the respondent Bank for One Time Settlement then now he cannot raise any other ground. More so, if he has any dispute with regard to interest and exemption under the One Time Settlement Scheme so regulated by Central Government, then, he is required to file representation before the respondent Bank. In this view of the matter, this writ petition is disposed of with the direction that the petitioner may file representation before the concerned Bank within a period of one month from today and raise all his grounds. Upon filing the said representation, the respondent Bank is directed to decide the same in accordance with Scheme framed by the Central Government within a one month from the date of filing representation. It is also made clear that in case any adverse order is passed by the Bank against the petitioners then the petitioners will be at liberty to take recourse of law. It is also made clear that the property in question was originally belonging to late Bhoma Ram and the said property was mortgaged with the respondent Bank, therefore, for the 4 purpose of recovery the respondent Bank is well within its jurisdiction to recovery the amount after auctioning the said property. However, if the petitioner Nos.1 and 2 and respondent Nos. 4 and 5, who are legal representatives of late Bhoma Ram, are ready to deposit the amount then the matter may be decided sympathetically by the respondent Bank after considering the Scheme so framed by the Central Government. With the aforesaid observation/direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun