Arvind Kumar Singh @ Aravinda Ku. Sinh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19485 of 2021 ====================================================== 1.

Arvind Kumar Singh @ Aravinda Ku. Singh, Son of Parma Nand Singh Resident of G.D. College Road Mirganj, P.S.- Begusarai Town, DistrictBegusarai. 2.

Kiran Devi W/o Arvind Kumar Singh @ Aravinda Ku. Sinh Resident of G.D. College Road Mirganj, P.S.- Begusarai Town, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Begusarai.

3.

The Certificate Officer Begusarai.

4.

The Bihar Gramin Bank Begusarai.

5.

The Authorized Officer-Cum- Regional Officer South Bihar Gramin Bank Sona Jageshwar Complex Traffic Chowk, Begusarai. 6.

The Branch Manager South Bihar Gramin Bank Begusarai Branch, Begusarai.

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Respondent/s :

Mr.Anil Kr. Singh (GP26) For the Bank :

Dr. Alok Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 14-03-2023 Learned counsel for the petitioners states that a warrant of arrest has been issued in the certificate proceeding initiated by the Bank. The original amount of Rs. 6.5 lacs was taken on loan in the year 2008. However, the petitioners have not repaid the said loan and interest has accrued on the said loan

Patna High Court CWJC No.19485 of 2021(7) dt.14-03-2023 2/3 and the total amount of Rs. 15,30,905/- as on 29.09.2018 has accrued for which proceedings were initiated by the bank for recovery.

While the petitioners' counsel has offered to repay the original amount within six months in equal monthly installments, the counsel for the Bank submits that the original amount ought to be paid within three months and for payment of interest which has accrued on the original amount, the bank would be ready to enter into a settlement proceeding if the petitioners move the bank for the said purpose. I have considered the submissions. Considering the interest of the public involved, it is deemed appropriate to direct the petitioners to deposit the amount of Rs.6.5 lacs within four months i.e. by the end of July 2023. The petitioners would be free to move the bank for seeking settlement of the interest amount.

If such an application is moved it is expected from the bank authorities to take a pragmatic view and get the matter settled instead of continuing with the litigation. However, if no settlement is arrived at between the parties, the bank would be free to proceed with its recovery proceeding. Recovery proceeding shall remain stayed for six months for the said purpose.

Patna High Court CWJC No.19485 of 2021(7) dt.14-03-2023 3/3 remain stayed.

With the said direction, the writ petition stands disposed of.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No.13 U