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Patna High CourtCWJC/3294/2022disposed

Prity v. Uco Bank

2022-03-07The Chief Justice -,Mr. Justice S. Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3294 of 2022 ====================================================== Prity, Wife of Birendra Kumar, R/O - Purabsarai Near Dilip Dharmshala, P.O. - Munger, P.S. - Kotwali, District- Munger (Bihar) 811201. ... ... Petitioner/s

Versus

1.

UCO Bank Through its General Manager UCO Bank, Circle Office, Block - A, Maurya Lok Complex, Patna.

2.

Regional Manager U.C.O. Bank Begusarai, Sona Jageshwar Complax Traffic Chowk District- Begusarai, Pin code - 851101. 3.

The Authorized Officer UCO Bank Zonal Office, Begusarai - 851101. 4.

The Branch Manager, U.C.O. Bank Munger, Bekapur P.O. - Munger, P.S. - Kotwali, District- Munger (Bihar), Pin code - 811201. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Nath Jha, Advocate Mr. Chandrashekhar Sharma, Advocate Mr. Dinesh Kumar Gupta, Advocate For the Respondent/s :

Ms. Sheela Sharma, Advocate Mr. Shivendra Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-03-2022 Petitioner has prayed for the following relief(s):-

2/5

3/5 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. Learned counsel for the petitioner states that petitioner is ready and willing to settle the matter with the Bank. To show her bona fides, petitioner undertakes to deposit Rs. 3,00,000/- (Rupees three lacs only) on or before 22.03.2022. Taking a holistic view, we dispose of the present petition on the following mutually agreeable terms:- (a) Petitioner shall positively deposit a sum of 3,00,000/- (three lacs) with the respondent Bank on or ₹ before 22.03.2022;

4/5 (b) Petitioner shall make herself available in the office of the Respondent No. 4, namely, the Branch Manager, U.C.O. Bank, Munger, Bekapur, P.O.-Munger, P.S.-Kotwali, DistrictMunger on 22.03.2022 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 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) Such decision has to be in accordance with law; the guidelines issued by the Reserve Bank of India and maintaining parity;

(e) Till the time proposal is pending with the authorities, no coercive action shall be taken against the petitioner.

(f) If the petitioner fails to deposit a sum of Rs. Three lacs, as undertaken by her, 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

5/5 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 09.03.2022 Transmission Date