Sujan Devi And ANR v. The State Bank Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6820 of 2015 ======================================================

1. Sujan Devi. W/o Late Deo Narayan Yadav @ Ram Sudisht Yadav.

2. Lalit Kumar. S/o Late Deo Narayan Yadav @ Ram Sudisht Yadav. Both Resident of Village - Salempur, P.O.- Bhoj Pandaul, P.S.- Bisfi, District - Madhubani.

.... .... Petitioners

Versus

1. The State Bank of India through its General Manager, Local Head Office, J.C. Road, Patna.

2. The Branch Manager, State Bank of India, Agriculture Development Branch, Madhubani.

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

For the Petitioners : Mr. Bijay Bhushan Prasad, Advocate For the Respondents : Mr. Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 07-07-2015 I have heard learned counsel for the petitioners and respondent State Bank of India, ADB, Madhubani. It is submitted on behalf of the petitioners, who claim to be farmers, that today auction sale is going on for their tractor seized earlier by the Bank authority on 28.1.2015 in view of the default in payment of loan instalment. However, it is contended that the petitioners undertake to deposit entire amount if some instalment is fixed. Learned counsel urges that the auction sale may be kept in hold in the aforementioned facts and circumstances.

Mr. Kaushlendra Kumar Sinha, learned counsel appearing for the respondent Bank submits that the amount due

Patna High Court CWJC No.6820 of 2015 (2) dt.07-07-2015 2/2 as on date is Rs. 2,78,580/-.

Accordingly in view of the aforesaid undertaking given by learned counsel for the petitioners on instruction this Court would direct the petitioner to deposit Rs. 50,000/- by tomorrow (8.7.2015) in the concerned Branch. Thereafter, the Bank authority will provide him a detailed statement after deduction of the aforesaid amount and after taking into account future interest being charged on NPA amounts applying Prime Lending Rate. The amount would be bifurcated in equal instalment to be paid within six months. Petitioners would, thereafter, be required to deposit all the instalments on the date fixed by the Bank failing even one occasion the bank would be at liberty to proceed to seize the tractor and auction it. If the petitioner deposit Rs. 50,000/- by tomorrow (8.7.2015) and thereafter first instalment on time then his tractor would be released by the Bank.

(Dr. Ravi Ranjan, J) Spd/- U