M/S Shree Baba Rice Mill And ANR v. The State Bank Of India Through The Assistant General Manager Stressed Assets Recovery Branch State

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7862 of 2016 ======================================================

1. M/s Shree Baba Rice Mill, Situated at village + Post: Harnathpur, P.S. Raghunathpur, District- Siwan- 841504 through its Proprietor Amarnath Pandey, s/o Baliram Pandey, Resident of : Harnathpur, P.S.- Raghunathpur, District- Siwan.

2. Amarnath Pandey, S/o Baliram Pandey, Resident of : Harnathpur, P.S.- Raghunathpur, District- Siwan.

.... .... Petitioner/s

Versus

1. The State Bank of India through the Assistant General Manager, Stressed Assets Recovery Branch, Local Head Office, Patna.

2. The Chief Manager, Stressed Assets Recovery Branch, State Bank of India, Local Head Office, Patna.

3. The Branch Manager, State Bank of India, Raghunathpur, Branch, Siwan.

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

For the Petitioner/s : Mr. Brajesh Kumar For the Respondent/s : Mr. Kaushlendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-05-2016 Heard the parties.

The petitioners pray for re-schedulement of the loan amount for its payment in instalments.

Mr. Brajesh Kumar, learned counsel appearing for the petitioners submits that although owing to financial stringency the petitioners have defaulted in repayment of loan but are ready to repay the same, provided the Bank is agreeable to facilitate the repayment in suitable instalments.

Mr. Kaushlendra Kumar Sinha, learned counsel appearing for the Bank submits that since the matter has already reached the Debt Recovery Tribunal in O.A. No.108 of 2016,

Patna High Court CWJC No.7862 of 2016 (2) dt.13-05-2016 such prayer can be raised by the petitioners before the Debt Recovery Tribunal itself and which prayer of the petitioners, if found admissible, would be responded to by the bank. In the circumstances discussed where the matter is pending before the Tribunal, this writ petition is disposed of with a liberty to the petitioners to file an appropriate application before the Debt Recovery Tribunal where the matter is pending for repayment of loan in instalments and which offer would be considered and disposed of by the Tribunal in accordance with law.

(Jyoti Saran, J) SKPathak/- U