Amar Jyoti Metal Works Through Its Director Mukesh Kumar And ANR v. The Central Bank Of India And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11734 of 2016 ======================================================

1. Amar Jyoti Metal Works Through Its Director Mukesh Kumar son of Nand Kishore Sharma, resident of mohalla- Lakhibag, Police StationBuniyadganj, District- Gaya.

2. Amarjeet Kumar Singh son of Ram Krit Singh, resident of mohallaLakhibagh, Manpur, near Bulla Shahid, Police Station-Mufassil, DistrictGaya. .... .... Petitioner/s

Versus

1. The Central Bank of India.

2. The Zonal Manager, Central Bank of India, B-2, Maurya Lok Complex, Police Station- Kotwali, District- Patna.

3. The Regional Manager, Regional Office, Central Bank of India, Rameshwar Singh Path, Besar Talab, Gaya.

4. The Senior Manager, Central Bank of India, Bodh Gaya Branch, Bodh Gaya, District- Gaya.

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

For the Petitioner/s : Mr. Birendra Kumar For the Respondent/s : Mr. Ajay Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-02-2017 Heard the parties.

The counsel for the petitioners has brought three Demand Drafts of Bandhan Bank, out of which, one Draft is of Rs.7,00,000/- (Rupees seven lakh) dated 28.12.2016, second Draft is of Rs. 6,37,500/- (Rupees six lakh thirty seven thousand five hundred) dated 28.12.2016 and third Draft is of Rs.13,37,500/- dated 27.12.2016 (Rupees thirteen lakh thirty seven thousand five hundred) and all the Drafts have been handed over to the counsel for the Bank.

Patna High Court CWJC No.11734 of 2016 (8) dt.10-02-2017 The counsel for the petitioners submits that the interest amount is of Rs. 6,93,830.14 and after adding Rs. 5,000/- in this amount, total comes to Rs. 6,98,830.14, which would be deposited by the petitioners. He further submits that the expenses amount is of Rs.2,00,000/- (Rupees two lakh) and out of which, half of the expenses amount i.e. Rs. 1,00,000/- would also be paid by the petitioners. The petitioners would pay the total amount of Rs. 7,98,830.14 in two instalments within one month. In failure to deposit the aforesaid amount, the Bank will have liberty to realise the original amount in accordance with law, but if the aforesaid amount is deposited by the petitioners within the stipulated period, the same should be adjusted against the outstanding dues of the petitioners and the Bank will be bound to return the security document, which is the mortgaged deed, to the petitioners and the Bank will also withdraw the certificate proceeding. Accordingly, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U