Rupam Saroj v. The Bank Of Baroda
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2173 of 2022 ====================================================== 1.
Rupam Saroj, Wife of Late Dr. Navin Singh Resident of Flat Number-402, Pushpanjali Apartment, North S.K. Puri, Patna-800001. 2.
Rishita Singh, Daughter of Late Dr. Navin Singh Residen of Flat Number402, Pushpanjali Apartment, North S.K. Puri, Patna-800001. ... ... Petitioner/s
Versus
1.
The Bank of Baroda a Banking Company Constituted Under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1979 having its head Office at Mandvi, Baroda, through its Managing Director, 2.
The Deputy General Manager, bank of Baroda, Regional Office, West Boring Canal Road, Patna.
3.
The Branch Manager, Bank of Baroda, S.K. Puri Branch, Patna. 4.
The Authorized Officer Cum Chief Manager, Bank of Baroda, S.K. Puri Branch, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gautam Kumar Kejriwal, Advocate For the Respondent/s :
Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-03-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
2/4 Learned counsel for the petitioners states that within next 24 hours, petitioners shall make good the amount towards the arrears, due and payable, as on date and the remaining amount would be paid in terms of the installments fixed as per
3/4 the agreement entered into between the petitioner's no. 1, late husband and the respondent bank.
To show their bona fides, petitioners undertake to deposit a sum of Rs. Three lacs within next two working days. Taking a holistic view, we dispose of the present petition on the following mutually agreeable terms:- (a) Petitioners shall positively deposit a sum of 3,00,000/- (Rs. three lacs) with the respondent Bank within ₹ two working days.
(b) Petitioners shall make themselves available in the office of Respondent No. 3, namely, The Branch Manager, Bank of Baroda, S.K.Puri Branch, Patna on 28th of March, 2022 at 10:30 A.M. with a proposal, complete in all aspect, for-(i) redetermining the amount due and payable by the petitioners 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 petitioners' request within a period of eight weeks thereafter; (d) Such decision has to be in accordance with law; the guidelines issued by the Reserve Bank of India and maintaining parity;
4/4 (e) Till the time proposal is pending with the authorities, no coercive action shall be taken against the petitioners.
(f) If the petitioners fail to deposit a sum of Rs. Three lacs, as undertaken by him, or repay the amount in 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 23.03.2022 Transmission Date