Satrughan Prasad Sah v. The Bank Of Baroda And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3503 of 2017 ===========================================================

1. Satrughan Prasad Sah Son of Late Ram Pravesh Sah R/o Mohalla - Binodpur, Tower House Road, P.O. + P.S. + District - Katihar. .... .... Petitioner/s

Versus

1. The Bank of Baroda having its registered office at Suraj Plaza - 1, Sayaji Ganj, Vadodara - 390020, Baroda House, Baroda - 396006, through its Chairman-cumManaging Director.

2. The Chief Manager-cum-Authorized Officer, Bank of Baroda, Katihar Main Branch, First Floor, Abbas Katara, Shahid Chauk, M.G. Road, District - Katihar.

3. The Branch In Charge, Katihar Main Branch, First Floor, Abbas Katara, Shahid Chauk, M.G. Road, District - Katihar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kejriwal Mr. Samir Kumar Mr. Mohit Agarwal For the Respondent-Bank: Mr. Ravi Verma =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 28-03-2017 Heard learned counsel for the petitioner and learned counsel for the Bank.

In the present writ petitioner, petitioner has prayed to upgrade the term of loan account in terms of the guidelines of the Reserve Bank of India upon payment of the arrears of principal and interest by him.

Learned counsel for the petitioner submits that for certain period petitioner could not deposit EMI amount. As per case of the petitioner up-to failure of payment of EMI the outstanding

Patna High Court CWJC No.3503 of 2017 dt.28-03-2017 dues comes to Rs.2,52,000/- but Bank has produced a chart where outstanding dues has been shown as Rs.5,72,584/- and if he pays the amount he will be at liberty to pay the regular EMI. As in the present case disputed question of accountancy has emerged cannot be decided in the present writ proceeding. Petitioner is allowed to move before the Branch Manager, Bank of Baroda, Katihar where the petitioner will be at liberty to submit his case who will consider facts and circumstances of the case and after making necessary adjustment will furnish the details of accounts. Counsel for the petitioner submits that petitioner is ready to liquidate the outstanding dues. If petitioner pays the dues of EMI within a reasonable time the Bank will regularize the account.

In such view of the matter, petitioner is directed to approach before the Branch Manager, Bank of Baroda, Katihar who will look into the matter and do needful. With the aforesaid observation and direction this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 06.04.2017 Transmission Date NA