Authority: Supreme Court of India
Order Date: 22‑09‑2026
Case Overview
- Petition for Special Leave to Appeal (Crl.) Nos. 13625‑13628/2026 filed by State of Himachal Pradesh against Yudh Chand Bains & Ors., arising from High Court judgments dated 13‑05‑2026 in CRMPM Nos. 103/2025, 509/2025, 579/2025, 611/2025.
- Respondents include Yudh Chand Bains (father), his son, two bank officials; respondent 5 is Kangra Central Co‑operative Bank Ltd.
- The dispute concerns two loan accounts of respondent 1 (Bains) held with Kangra Central Co‑operative Bank Ltd, with principal and interest outstanding as of 25‑08‑2026.
- Loan details:
- Hotel Lake Palace, Nalsar, Mandi: Principal ₹12,02,62,071; Interest ₹8,53,22,156; Total ₹20,55,84,227 plus other charges ₹15,74,370.
- Hotel Himalya Snow Village, Manali, Kullu: Principal ₹30,90,02,009; Interest ₹22,72,44,104; Total ₹53,62,46,113 plus other charges ₹20,07,935.
- Aggregate amount due as on 25‑08‑2026 is ₹74.54 crore.
- Security: Hotel Lake Palace land mortgaged for ₹12 crore (mortgage deeds Vasika Nos 979/2016, 1307/2020); Hotel Himalya land mortgaged initially for ₹8 crore (11‑07‑2017) and subsequently for ₹40 crore (23‑10‑2017) covering total land of 1‑99‑93 hectares.
- The bank has initiated proceedings under the SARFAESI Act; the High Court had earlier granted anticipatory bail to respondents, which the Supreme Court finds improper.
Final Outcome
- The Court refuses to allow respondents 1 and 4 to remove any material (stones, steel, etc.) from the two sites; control remains with bank officials.
- Respondent 1, Yudh Chand Bains, who appeared personally, offered to deposit the full due amount with interest within five months from the hearing date.
- The Court directs Bains to file a written oath‑undertaking by 23‑09‑2026 confirming payment within five months; copies to be given to State counsel and bank counsel.
- If passports are held by respondents 1 and 4, they must be surrendered to the Investigating Officer promptly.
- The matter is listed as part‑heard; the Court will review on 23‑09‑2026 whether the undertaking has been filed and may pass a merit order thereafter.
Topics: Legal Enforcement, Banking Debt Recovery