Shweta Singh v. The State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.787 of 2022 ====================================================== 1.
Shweta Singh, W/o Shri Manoj Kumar Chandel, Resident of Station Road, Near Ram Line Hotel, Satgama, Jamui and Lali Bhawan Compound Nehru Nagar, Patliputra Colony, Patna.
2.
Manoj Kumar Chandel, S/o Late Krishnanand Singh, Resident of Station Road, Near Ram Line Hotel, Satgama, Jamui and Lali Bhawan Compound Nehru Nagar, Patliputra Colony Patna.
... ... Petitioner/s
Versus
1.
The State Bank of India through Assistant General Manager, Stress Assets Recovery Branch, State Bank of India, Local Head Office at West Gandhi Maidan, SARB, Patna Pin Code - 800001.
2.
Chairman cum Managing Director, Head Office at Madama Cama Road, Mumbai, Pin Code - 400002.
3.
The Assistant General Manager, Stress Assets Recovery Branch, State Bank of India, Local Head Office at West Gandhi Maidan, SARB, Patna Pin Code - 800001.
4.
Aurhorized Officer, Stressed Assets Recovery Branch, (in short SARB), Patna, 2nd floor, Patna Main Branch Building, West Gandhi Maidan, Patna - 1.
5.
The Regional Manager, State Bank of India, Regional Branch Office, at Munger.
6.
The Chief Manager cum Branch Head, State Bank of India, Main Branch, Jamui.
... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 25655 of 2019 ====================================================== 1.
M/s Sarojini Enterprises through Smt. Shweta Singh (Proprietress) aged about 36 Years (F), W/o Shri Manoj Kumar Chandel, Resident of Station Road, Near Ram Line Hotel, Satgama, Jamui, at Present residing at Lali Bhawan Compound Nehru Nagar, P.S. Patliputra, Dist. Patna. 2.
M/s Ritika Rice Mill through Smt. Shweta Singh (Prorietress) aged about 36 Years (F), W/o Shri Manoj Kumar Chandel, Resident of Station Road, Near Ram Line Hotel, Satgama, Jamui at Present residing at Lali Bhawan Compound Nehru Nagar, P.S. Patliputra, Dist. Patna. 3.
Shweta Singh, D/o Dadan Prasad Singh Resident of MQ 45, Kathara Colony No.1, Budhiya South Near Hospital, P.S. Bokaro Tharmal, Dist. Bokaro, Jharkhand, now W/o Shri Manoj Kumar Chandel Resident of Station Road, Near Ram Line Hotel, Satgama, Jamui, at Lali Bhawan Compound Nehru Nagar, P.S. Patliputra, Dist. Patna
2/7 4.
M/s Sri Krishna Communication through, Manoj KUmar Chandel aged about 40 yrs. (M), Resident of Station Road, Near Ram LIne Hotel, Satgama, Jamui, at Present Residing at Lali Bhawan Compound Nehru Nagar, P.S. Patliputra, Dist. Patna.
5.
Manoj KUmar Chandel aged about 40 yrs. (M). Resident of Station Road, Near Ram Line Hotel, Satgama, Jamui, at Present resding at Lali Bhawan Compound Nehru Nagar, P.S. Patliputra, Dist. Patna. ... ... Petitioner/s
Versus
1.
The Debts Recovery Tribunal thropugh The Registrar 2nd Floor A, B, and F, Wings, Karpuri Thakur Sadan, Ashiyana Digha Road, Rajiv Nagar, Patna Pin Code-800025.
2.
THe State Bank of India through its Chairman Cum Managing Director, Head Office at Madama Cama Road, Mumbai-400002 3.
The General Manager, State Bank of India, Local Head Office at West Gandhi Maidan, Patna Pin Code-8000001 4.
The Chief General Manager, State Bank of India, Local Head Office at West Gandhi Maidan, Patna Pin Code-8000001 5.
The Assistant General Manager, State Bank of India, Stressed Assets Revovery Branch, 2nd Floor, Patna Main Branch Building, at West Gandhi Maidan, Patna Pin Code-8000001.
6.
The Chief Manager, State Bank of India, Stressed Assets Recovery Branch, SARB, 2nd Floor, Patna Main Branch Building, West Gandhi Maidan, Patna-800001.
7.
The Regional Manager, State Bank of India Regional Branch Office, at Munger.
8.
The Chief Manager Cum Branch Head, State Bank of India, Main Branch, Jamui.
... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 787 of 2022) For the Petitioner/s :
Mr. P.N.Shahi, Sr. Advocate Mr.Prabhat Ranjan Singh, Advocate For the Respondent/s :
Mr.Rakesh Kumar Singh, Advocate Mr. Sanjay Kumar Thakur, Advocate (In Civil Writ Jurisdiction Case No. 25655 of 2019) For the Petitioner/s :
Mr. P.N.Shahi, Sr. Advocate Mr.Prabhat Ranjan Singh, Advocate For the Respondent/s :
Mr.Kaushlendra Kumar Sinha, Advocate Mr. Sanjay Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
3/7 (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 21-01-2022 Petitioners have prayed for the following relief(s) in CWJC No. 787 of 2022:- Petitioners have prayed for the following relief(s) in CWJC No. 25655 of 2019:-
4/7
5/7
6/7 After the matter was heard for some time, Shri P.N.Shahi, learned senior counsel, under instructions, states that petitioners be permitted to withdraw the present petitions reserving liberty to approach the Chief General Manager, State Bank of India, Local Head Office at West Gandhi Maidan, Patna pointing out the grievances as also submitting an offer for amicable resolution of the dispute.
None can have any objection to the same, for we have not expressed any opinion on the merits of the matter. We are passing this order conscious of the fact that at this point in time, both Debt Recovery Tribunal and Debt Recovery Appellate Tribunal are not functional for non-appointment of the Presiding Officer.
Let the petitioners approach the said respondent and submit their offer, which he positively shall consider and decide in accordance with law and more specifically, the Reserve Bank of India Guidelines, within a period of three months.
Liberty reserved to the parties to take recourse to such remedies as are otherwise provided in accordance with law. Passing of this order shall not come in the way of the authority pursuing such remedy.
7/7 Petitions stand disposed of.
Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 23.01.2022 Transmission Date