Kausal Kishore Jaiswal v. The State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3171 of 2022 ====================================================== Kausal Kishore Jaiswal Son of Late Ram Nath Jaiswal Resident of Baligarh Garden, near H.P. Gas Lane Mithanpura, Muzaffarpur. At present residing at Menon Street Ward No.36, Shiv Shankar Lane, P.S.- Mithanpura, Muzaffarpur.
... ... Petitioner/s
Versus
The State Bank of India through the Authorized Officer RASEC cum SARC Poddar Complex Club, Opp. Jubba Sahni Park, Mithanpura, P.O.- Ramna, District- Muzaffarpur, Pin- 842002.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Majid Mahboob Khan, Advocate Mr. Md. Khurshid Alam, Advocate For the Respondent/s :
Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 25-02-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.3171 of 2022 dt.25-02-2022 2/3 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. To show his bona fides, petitioner undertakes to deposit a sum of 2 lacs within a period of one week from today. ₹ As such, we dispose of the present petition on the following mutually agreeable terms:- (a) Petitioner shall positively deposit a sum of 2,00,000/- (two lacs) with the respondent Bank within a period of ₹ one week from today;
(b) Petitioner shall make himself available in the office of Respondent No. 1, namely The State Bank of India through the Authorized Officer, RASEC cum SARC Poddar Complex Club, Opp. Jubba Sahni Park, Mithanpura, P.O.- Ramna, DistrictMuzaffarpur, PIN- 842002 on 8th of March, 2022 at 10:30 A.M. with a proposal, complete in all aspect, for-(i) re-determining the amount due and payable by the petitioner to the Bank; (ii) seeking waiver of interest on the principal amount due and payable in
Patna High Court CWJC No.3171 of 2022 dt.25-02-2022 3/3 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 eight weeks thereafter; (d) Till then, status quo as on date shall be maintained; (e) Such decision has to be in accordance with law; the guidelines issued by the Reserve Bank of India and maintaining parity;
(f) If the petitioner fails to deposit a sum of Rs. 2 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) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 28.02.2022 Transmission Date