Amar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1060 of 2022 ====================================================== Amar Kumar Singh, Son of Late Ganesh Dutta Singh, Resident of Milanpara, Khushkibagh, P.S.- Sadar, District - Purnea.
... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate-cum-Collector, Purnea. 2.
The District Magistrate-cum-Collector, Purnea. 3.
The In-charge-Officer, District Legal Branch, Purnea. 4.
The Sub-Divisional Officer, Purnea.
5.
The Regional Manager, State Bank of India, Purnea. 6.
The Branch Manager, State Bank of India, Khushibagh Branch, Purnea. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Advocate For the Respondent/s :
Mr. Ajay Kr. Rastogi, AAG 10 Ms. Smriti Singh, Advocate For the Bank :
Mr. Sanjay Singh Thakur, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-03-2022 Petitioner has prayed for the following relief(s):-
2/4 We are entertaining the present petition in view of the fact that at this point in time, the Debt Recovery Tribunal is not functional on account of non-appointment of Presiding Officer. Learned counsel for the Bank states that till the date of joining bank shall not take any coercive action against the petitioner.
Learned counsel for the petitioner states that petitioner is ready and willing to settle the matter with the Bank. To show his bona fides, petitioner undertakes to deposit a sum of Rs. One lakh on or before 23.03.2022.
Taking a holistic view, we dispose of the present
3/4 petition on the following mutually agreeable terms:- (a) Petitioner shall positively deposit a sum of 1,00,000/- (Rupees one lakh) with the respondent Bank on or ₹ before 23.03.2022;
(b) Petitioner shall make himself available in the office of Respondent No. 6, namely The Branch Manager, State Bank of India, Kushibagh Branch, Purnea on 23.03.2022 at 10:30 A.M. with a proposal, complete in all aspect, for-(i) redetermining the amount due and payable by the petitioner to the Bank; (ii) seeking waiver of interest on the principal amount due and payable in terms of the policy of the Bank as also the guidelines issued by the Reserve Bank of India; (c) The Bank shall take a decision on the petitioner's request within a period of two weeks thereafter; (d) Such decision has to be in accordance with law; the guidelines issued by the Reserve Bank of India and maintaining parity;
(e) Till the time proposal is pending with the authorities, no coercive action shall be taken against the petitioner.
(f) If the petitioner fails to deposit a sum of Rs. one lakh, as undertaken by him, or repay the amount in
4/4 terms of the schedule fixed by the Bank on mutually agreeable terms, it shall be open for the Bank to take recourse to the remedies in accordance with law, including sale of mortgaged/hypothecated property.
Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 10.03.2022 Transmission Date