CWP No.17552 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17552 of 2009 Date of decision:01.12.2009. Sham Dass and another .... Petitioners VERSUS State Bank of India and others ..... Respondents CORAM:Hon'ble Mr.Justice Kanwaljit Singh Ahluwalia. Present: Mr.Manish Bansal, Advocate for the petitioners. Mr.Vikas Chatrath, Advocate for respondent Nos.1 and 2. Mr.Rajesh Garg, Advocate for respondent No.3. Mr.G.S.Bhath, Advocate for respondent No.4. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) This is a unique case where petitioners and respondents are equally at fault. Ramesh Kumar, respondent No.4 had mortgaged the property with State Bank of India, Bathinda and had obtained loan. Without disclosing that the property was mortgaged and was carrying encumbrances, loan property was sold to Omveer. Respondent No.4 states that in fact, he was cheated by Omveer and the then Bank Manager. The then Bank Manager had also facilitated the sale. Omveer further sold that property to petitioner Nos.1 and 2. Petitioner Nos.1 and 2 had also not inspected the revenue record. It is stated the Bank had also not informed the Revenue Authorities that the property has been mortgaged by deposit of title deeds. The parties have agreed to bring the dispute to an end. A compromise has been arrived at the intervention of counsel for the parties. Statements of petitioners and respondents recorded today, be read as part of this order. It CWP No.17552 of 2009 -2- is stated that today, Rs.5,23,056/- is outstanding, which is to be paid to the Bank. Petitioner Nos.1 and 2, respondent Nos.3 and 4 have agreed to pay Rs.1,30,000/- each to the Bank. The Manager of the Bank stated that the fault if any, is of the then Manager. Be that as it may. The Bank will not charge interest from today for a period of 3 months onward. Petitioner Nos.1 and 2, respondent Nos.3 and 4 shall pay the amount as agreed and the Bank shall effect recovery from petitioner Nos.1 and 2, respondent Nos. 3 and 4 as stated by them today in the Court. In view of statements made by the parties today and observations made above, present writ petition is disposed of. 01.12.2009 (Kanwaljit Singh Ahluwalia) shamsher Judge