Arjun Tanti v. Regional Manger Bihar Gramin Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1986 of 2015 ====================================================== Arjun Tanti son of late Tikam Tanti, resident of Sikandara, P.S. Sikandara, District Jamui, Proprietor Jai Hanuman Rice Mill, Sikandara, Jamui, .... .... Petitioner

Versus

1. Regional Manger Bihar Gramin Bank, Regional Office, Old Hospital Road, New Bazar, Lakhisarai,

2. Authorised Officer, Bihar Gramin Bank, Laakhisarai,

3. Manager, Bihar Gramin Bank, Branch, Sikandara at Sikandara, .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : M/s Banwari Sharma, Amresh Kumar Sinha, Pranesh Kumar Arya and R.T.Singh, Advocates For the Bank : Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-02-2015 Heard the parties.

Learned counsel for the respondent-Bank submits that the total dues of the petitioner with respect to cash credit limit are Rs. 11,41,757/- up to 31.01.2015 and the term loan is to the extent of Rs. 4,45,842/- till 31.01.2015 including the entire interest etc. An affidavit has been filed on behalf of the petitioner clearly stating that he is ready to settle the loan taken by him from the respondent-Bank along with the interest. It is submitted on behalf of the petitioner that the petitioner would clear the entire debt by 31st of March, 2015.

In above view of the matter, let the petitioner approach the respondent-Bank tomorrow and pay a sum of rupees one lac as

Patna High Court CWJC No.1986 of 2015 (2) dt.04-02-2015 token but the entire debt must be cleared by 31st of March, 2015. Learned counsel for the respondent-Bank is also agreeable to that as the respondent-Bank is only interested in getting its money back.

Accordingly, this writ application is being disposed of with a direction to the petitioner to pay rupees one lac tomorrow and, thereafter, clear the entire debt of the Bank by 31st of March, 2015. Let the auction sale in view of the notice published in the newspaper contained in Annexure 2 be stayed till 31st of March, 2015 with respect to the petitioner only.

If the petitioner clears all the dues as per the satisfaction of the Bank then there would not be further requirement of auction sale.

However, if the petitioner fails to carry out of the aforesaid undertakings and clear the entire debt then the respondent-Bank would be at liberty to proceed with the auction sale. (Dr. Ravi Ranjan, J) SC/- U