Sujeet Kumar Chaudhary v. The State Bank Of India And ORS
Patna High Court CWJC No.1718 of 2017 dt.09-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1718 of 2017 =========================================================== Sujeet Kumar Chaudhary, Son of Sri Shyam Nandan Chaudhary, Resident of village - Khas Tabka Tole - Narwan, Ward No. 06, P.O. Chakbeduliya, P.S. Vibhutipur, District - Samastipur .... .... Petitioner
Versus
1. The State Bank of India, through Zonal Manager, Bihar, Patna
2. State Bank of India, Stressed Assets Recovery Branch ( SARB ), 2nd Floor, Main Branch Building, West of Gandhi Maidan, Patna - 800001
3. The Divisional Zonal Manager, State Bank of India, Muzaffarpur
4. The Branch Manager, State Bank of India, Dalsingsarai Branch, District - Samastipur.
5. The Recovery Officer, State Bank of India, Dalsingsarai Branch, District- Samastipur.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Dilip Kumar Roy, Advocate. For the Respondents : Mr. Kaushlendra Kumar Sinha, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-02-2018 As prayed, learned counsel for the petitioner is permitted to implead the Recovery Officer as party-respondent no. 5 in course of the day.
2. The present writ petition has been filed for a direction against the judgment dated 23.09.2016 passed in O.A. No. 196/16 by the learned Presiding Officer, Debts Recovery Tribunal, Patna whereby and whereunder the application of the respondent Bank is allowed and debt is determined with costs against the petitioners and it has been ordered that the respondent Bank is entitled to receive from the petitioner no. 1 it's debt with interest amounting to Rs. 17,21,158/- out
Patna High Court CWJC No.1718 of 2017 dt.09-02-2018 of which the petitioner no. 2 is liable upto the extent of Rs. 7.25 lacs together with pendente lite and future interest at contractual rate of interest from 16.03.2016 till realization of the entire due amount and recoverable with costs.
3. It is submitted that the petitioner is ready and willing to make payment of the entire dues in reasonable instalments as stated in para-18 of the writ petition.
4. Having regard to the stand of the petitioner, the writ petition is disposed of granting liberty to the petitioner to approach the Recovery Officer, State Bank of India, Dalsingsarai, Samastipur (Respondent no. 5) for appropriate relief in the matter. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 12.02.2018 Transmission Date N.A.