Binod Prasad Choudhari @ Binod Prasad Chodhari v. The Zonal Manager, Dakshin Bihar Gramin Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6373 of 2024 ====================================================== Binod Prasad Choudhari @ Binod Prasad Chodhari, son of Late Narayan Choudhari @ Late Narayan Chodhari, (Proprietor of Choudhary Rice Mill, Rajwara), resident of Village-Rajwara, P.O.-Karsawan, P.S.-Fesar, DistrictAurangabad. ... ... Petitioner/s

Versus

1.

The Zonal Manager, Dakshin Bihar Gramin Bank Bihar, Patna. 2.

The Regional Officer, Dakshin Bihar Gramin Bank, near Mrignaini Hotel, Maharajganj Road, Aurangabad.

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

For the Petitioner/s :

Mr.Rupa Kumari, Adv.

For the Respondent/s :

Mr.Ranjeet Kumar Pandey, Advocate For DBGB Dr. Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-09-2024 Heard the parties.

2. The present writ petition is filed for the following relief(s):- " That this is an application for issuance of a writ in the nature of Mandamus, commanding and directing the respondent to consider the representation filed by the petitioner 26/12/2023 for giving relaxation on amount of interest of loan amount which has taken by the petitioner for running his rice Mill, but due to unavoidable circumstances the petitioner is now in possession to pay heavy amount of interest of the loan amount and the petitioner further prays to direct the respondent authority to fix installment on rest due amount, so that the petitioner could be in possession to pay the same And also direct

Patna High Court CWJC No.6373 of 2024(2) dt.18-09-2024 2/3 the respondents not to take coercive step against the petitioner in pursuant to letter dated 11/12/2023 and/or pass any order orders as may dfeemsd fit and proper in the fact and circumstances of the case."

3. The grievance of the petitioner is that pursuant to the notice issued under Section 13(2) of the SARFAESI Act, the petitioner has given a representation to the authorities on 26.12.2023 and the petitioner seeks a direction to the authorities concerned for considering his representation.

4. Without going into the merits or demerits of the case having regard to the facts that the petitioner has already given a representation to the authorities concerned ventilating his grievance, the present writ petition is disposed of at the admission stage with the consent of both the parties. The Respondent No. 2 is directed to consider the representation dated 26.12.2023 made by the petitioner if not already disposed of and pass necessary orders. The entire exercise shall be completed as expeditiously as possible preferably within a period of four weeks from today.

5. It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the parties.

6. With the above directions, the present writ petition

Patna High Court CWJC No.6373 of 2024(2) dt.18-09-2024 3/3 stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U