Amrika Devi v. The Chief Manager And Authorized Officer
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8431 of 2022 ====================================================== 1.
Amrika Devi Wife of Late Shyam Lal Pandit Resident of Village- Banstal, P.O.- Kachchi Dargah, District- Patna.
2.
Shankar Pandit Son of Late Shyam Lal Pandit Resident of Village- Banstal, P.O.- Kachchi Dargah, District- Patna.
3.
Babloo Pandit Son of Late Shyam Lal Pandit Resident of Village- Banstal, P.O.- Kachchi Dargah, District- Patna.
4.
Dilip Pandit Son of Late Shyam Lal Pandit Resident of Village- Banstal, P.O.- Kachchi Dargah, District- Patna.
... ... Petitioner/s
Versus
1.
The Chief Manager and Authorized Officer Indian Bank (Erstwhile Allahabad Bank), Zonal Office, Budh Marg, Patna- 800001. 2.
The Branch Manager Indian Bank, Rajendra Nagar Branch, Arya Kumar Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey, Adv For the Respondent/s :
Mr.S.S.Thakur, Adv ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 28-07-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):- "(i) For a direction to the respondent Authority not to take any coercive measure pursuant to possession notice of the Secured Assets dated 02.12.2021 issued under Securitization and reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the Act). (ii) For a direction to the Respondent Authority to accept repayment of loan dues from the petitioners/guarantors in easy monthly installment basis, waiving out the interest keeping in mind the bonafide attitude of the guarantors with respect to repayment of loan dues."
Patna High Court CWJC No.8431 of 2022 dt.28-07-2022 2/2 In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioners, under instruction, seeks permission to withdraw the present petition with liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law.
Permission granted.
As and when any such request is made by the petitioners before the Tribunal, the same shall be considered and decided expeditiously.
Needless to add, period for which the petitioners have been pursuing the matter before this Court, shall be excluded for the purpose of condonation.
The petition stands disposed of as withdrawn with the liberty aforesaid.
Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2022 Transmission Date NA