Neeraj Kumar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2668 of 2022 ====================================================== Neeraj Kumar Son of Late Saryug Prasad Resident of Mohalla-Digha Ghat, X.T.T.I., Ganesh Lal Road, P.S. Digha, District-Patna. ... ... Petitioner

Versus

1.

Union of India through the Secreary, Finance Department, New Delhi. 2.

Secreary, Health Department Govt of India, New Delhi. 3.

General Manager, L I C Housing Finance Ltd., Patna. 4.

Area Manager, L.I.C. Housing Finance Ltd.Jeevan Prakash, L.I.C. Building, Mazharul Haque Path, Patna-100001.

5.

The State of Bihar through Chief Secreary, Govt. of Bihar, Patna. 6.

Principal Secretary, Finance Department, Govt. of Bihar, Patna. 7.

Principal Secrerary, Industries Department, Govt. of Bihar, Patna. 8.

Authorized Officer, L.I.C. Housing Finance Ltd. 8th Floor B.S.F.C. building, Frazer Road, Patna.

9.

Palladium Infrastructure and Project Ltd. through its CHariman Cum Managing Director, Resident of Flat NO.-G-2, Block No.-8, Hillridge Springs Clla Hotel, I.S.B. Road, Gatchnowli, Hyderabad, P.s.-Gatchbowli, District-Hyderabad, Pin Code-500032.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Rajendra Prasad, Sr. Advocate Mr.Ritesh Kumar, Advocate Mr. Pramod Kumar, Advocate For the Union of India :

Mr.Dr. K. N. Singh, (Asg) For the State :

Mr. Anil Kumar Singh, Advocate For LICHFL :

Mr. Lakshman Lal Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJIV ROY) Date : 29-03-2022 Heard learned counsel for the parties.

2. The petitioner has approached this Court seeking two fold reliefs, (i) to accept principal outstanding amount of Rs. 56,83,228.28/- in equal monthly installments and (ii) not harassing the petitioner in any manner.

3. As per his own averment, the petitioner was

Patna High Court CWJC No.2668 of 2022 dt.29-03-2022 2/3 sanctioned a loan of Rs. 60 lakh for which he was paying EMI, but the Lock-down led to complete collapse of the financial activities, leading to the accumulation of the amount.

4. The counsel for the petitioner submits that the petitioner is ready to pay the aforesaid amount in 11 equal installments of which the first installment shall be paid within 15 days followed by next installment every 30 days up to 11 months.

5. The statement made by the counsel for the petitioner is accepted and taken on record. Mr. Laxman Lal Pandey, appears for the respondent nos. 3, 4 and 8.

6. Learned counsel for respondent nos. 3, 4 and 8 submits that till today the accumulated amount is Rs. 66 lakh. His further submission is that the EMIs against the petitioner is pending since 10.2.2020 which he has failed to pay.

7. The petitioner is directed to approach the Bank officials with a proper application after depositing first installment and shall further make payment every 30 days thereafter.

8. The petitioner shall also file a comprehensive application, bringing on record the factors for which the dispute came to be raised by the Bank. The Bank on its part shall go

Patna High Court CWJC No.2668 of 2022 dt.29-03-2022 3/3 through the application of the petitioner and take appropriate steps in accordance with the law after providing due opportunity to him.

9. It is made clear that if the petitioner fails to deposit the amount within time frame which he has undertaken before this Court and/or commits breach of undertaking, the respondents shall be free to take recourse to the legal remedy.

10. Needless to say, the petitioner will have the liberty to approach the appropriate Court if he is aggrieved by the order passed by the Bank.

11. Till the respondent nos. 3, 4 and 8 takes decision in the matter, the status quo as existing today shall be maintained.

12. The writ petition is disposed of in the aforesaid terms.

(Sanjay Karol, CJ) Ravi/- ( Rajiv Roy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 02.04.2022 Transmission Date NA