Rajendra Singh @ Rajendra Prasad v. The Bank Of Baroda And ORS

Patna High Court CWJC No.2037 of 2016 (5) dt.25-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2037 of 2016 ====================================================== Rajendra Singh @ Rajendra Prasad, son of Sri Kailash Singh, resident of Naya Tola, Shyamchak, near Gudri Bazar, Chapra, P.S.- Bhagwan Bazar, Saran (Chapra).

.... .... Petitioner/s

Versus

1. The Bank of Baroda, through its Chairman, Bank of Baroda, Baroda Corporate Centre, Mumbai.

2. The General Manager, Bank of Baroda, Suraj Plaza-1, Sayaji Ganj, Vadodara, Gujrat.

3. The Deputy General Manager,Non- Performing Assets Recovery, BCC, Mumbai.

4. The General Manager, Bihar Zonal Office, Bank of Baroda, Anand Vihar, 4 th Floor, West Boring Canal Road, Patna, Bihar.

5. Deputy General Manager, Bihar Region, Bank of Baroda, Anand Vihar, 3rd Floor, West Boring Canal Road, Patna, Bihar

6. The Senior Branch Manager, Bank of Baroda, Chapra Branch, Hathua Market, Chapra, Saran, Bihar.

7. The Loan Recovery Officer, Bank of Baroda, Chapra Branch, Hathua Market, Chapra, Saran Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kr. Singh For Bank of Baroda : Mr. Ravi Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 25-07-2016 Learned counsel for the petitioner submits that the petitioner would be willing to clear the entire dues within a period of six months in such instalments as may be fixed by the Court. Learned counsel for the Bank, on instruction, submits that the proposal is acceptable to the Bank.

In view of the aforesaid undertaking of learned

Patna High Court CWJC No.2037 of 2016 (5) dt.25-07-2016 counsel for the petitioner, it is directed that the petitioner shall deposit the entire amount of Rs. 4,29,004.54 shown as outstanding dues of the Bank by way of statement dated 04.07.2016 annexed as Annexure F to the supplementary counter affidavit along with interest accrued in the meantime in instalments; the first instalment of Rs. 75,000/- shall be paid on or before 7th August, 2016 and thereafter on or before 7th of each succeeding months he shall continue to deposit Rs. 75,000/- as instalments until the entire amount along with interest for the intervening period is paid by the petitioner. It is made clear that upon failure of the petitioner to deposit any of the instalments within the time granted, the SARFAESI Act proceedings shall automatically revive and it will be open to the Bank to proceed further in the matter. (Ramesh Kumar Datta, J) S.Pandey/- U