Patna High CourtCWJC/10113/2015disposed

Santosh Kumar Singh @ Santosh Kumar v. The State Bank Of India And ORS

2015-07-13Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10113 of 2015 ====================================================== Santosh Kumar Singh @ Santosh Kumar son of Sri Indradeo Singh resident of village Sohgi, P.s. Nasriganj, Rohtas .... .... Petitioner/s

Versus

1. The State Bank of India through the Chief General Manager, Local Head Office, West Gandhi Maidan, Patna

2. The Regional Manager, State Bank of India, Regional Office, Sasaram

3. The Authorized Officer State Bank of India, Regional Business Office, Sasaram

4. The Branch Manager State Bank of India, Dehri Branch, Dehri-on-Sone .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Kaushlendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-07-2015 Heard counsel for the parties.

The petitioner is a loanee of the respondent Bank and has preferred the present writ application against the notice of auction dated 5th July, 2015 whereby his vehicle bearing registration mark and number BR-02 U-6666 has been put to auction. Obviously, the petitioner being the loanee defaulted in making payment of the instalment.

In view of submissions of the parties, the present writ application is disposed of by the following order:- The petitioner shall deposit a sum of Rs. 1, 26,000/- with the respondent bank which shall be against the loan sanctioned to the petitioner. On depositing the said amount the

Patna High Court CWJC No.10113 of 2015 (2) dt.13-07-2015 2/2 auction of the vehicle aforesaid shall be deferred. No sooner the petitioner deposits a further sum of Rs. 126,000/- with the bank against the loan amount the vehicle in question shall be released by the bank in favour of the petitioner conditionally. Be it noted that the petitioner has undertaken to deposit the remaining amount/balance amount outstanding against him on or before 31.10.2015 in easy instalments to be fixed by the bank. In case of default in complying with any of the conditions the bank shall be at liberty to re-possess the vehicle in accordance with law. (Kishore Kumar Mandal, J) HR/- U