M/S Bimla Enterprises v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4873 of 2023 ====================================================== 1.

M/s Bimla Enterprises through its Proprietor namely Shashi Kant alias Shashi Kant Singh At Mohalla - Meliabari, Khiru Chowk, Police Station - K. Hat, District - Purnia.

2.

Shashi Kant alias Shashi Kant Singh Son of Deep Narayan Singh, At Mohalla - Meliabari, Khiru Chowk, Police Station - K. Hat, District - Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Purnea. 2.

The Sub-Divisional Officer, Sadar, Purnia.

3.

The Circle Officer, Sadar, Purnia.

4.

The Officer Incharge, K. Hat Police Station (T.O.P.) Madhubani, K.Hat, Purnia.

5.

The Zonal Manager, Bank of Baroda, Patna.

6.

The Chief Manager, Purnia Branch, Purnia.

7.

The Senior Manager, Bank of Baroda Purnia Branch at Line Bazaar, District - Purnea.

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

For the Petitioner :

Mr. Achintya Anand, Adv.

Mr. Samir Kumar Sinha, Adv.

For Respondents 5-7 :

Mr. Manish Kishore, Adv.

For the State :

Mr. Raghwendra Kumar, SC - 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 06-04-2023 Learned counsel for the petitioner states that the petitioner is ready to pay back the loan amount taken from the respondent within a period of six months and prays to stay the recovery proceedings.

Learned counsel appearing for the respondent

Patna High Court CWJC No.4873 of 2023 dt.06-04-2023 2/2 Bank submits that the proceedings are pending before the DRT and the petitioner has already approached the recovery officer, however, he has not filed any objection petition. Having noticed that the matter is pending before the DRT, it is observed that the petitioner may take up all his objections before the concerned recovery officers before the DRT, who will adjudicate the same.

However, since the petitioner is ready to repay the loan amount, any industrial unit which is running or is functional, ought not to be stopped if the loan amount is being repaid. Revised installments can always be fixed. The DRT may pass appropriate order in this regard.

Granting such liberty to the petitioner, the writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 28 AFR/NAFR CAV DATE Uploading Date 10.04.2023 Transmission Date