Satyendra Kumar Singh v. The Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12481 of 2023 ====================================================== Satyendra Kumar Singh S/o Shri Rajendra Singh, R/o Village Telera, P.O.- Kirhindi, P.S.- Sasaram, District- Rohtas guarantor to M/s Maa Mundeshwari Traders, Sasaram.

... ... Petitioner/s

Versus

1.

The Bank of Baroda through its Chairman.

2.

The Assistant General Manager, Gaya Regional Office, Bank of Baroda. 3.

The Chief Manager and Authorised Officer, Sasaram Branch, Bank of Baroda.

4.

M/s Maa Mundeshwari Traders, the Principal Loanee through its proprietor Jai Prakash Gupta, Son of Gulabchand Prasad, Resident of Village-Takio, P.O.-Takio, P.S.-Sasaram, District- Rohtas.

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

For the Petitioner/s :

Mr. Ajit Kumar, Adv.

Mr. Kumar Rahul Ramjan, Adv.

For the Respondent/s :

Mr. Nishi Nath Ojha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 31-08-2023 The counsel for the petitioner has stated that the petitioner (guarantor) has reached an understanding with the Bank that he will pay an amount of Rs. 17 Lakhs by 12:00 Noon of 4th September, 2023. That after the payment of the Rs. 17 Lakhs is made, the account of the principal borrower will be upgraded. It is further stated that, in case, the petitioner pays the above mentioned amount by 12:00 Noon of 4th September, 2023, the sale auction of the mortgaged property will not be proceeded with. The above statement has not been denied by the counsel for the Respondent-Bank.

Patna High Court CWJC No.12481 of 2023(2) dt.31-08-2023 2/2

2. Having regard to the above made submission, the petitioner shall file an undertaking before the Bank authority by 4th September, 2023 to the effect that in case, he fails to pay the Rs. 17 lakhs within the stipulated time and adhere to the timelines fixed by the Respondent-Bank for payment of the balance amounts due, the Respondent-Bank is free to take necessary action for sale of the mortgaged property.

3. With the above observations, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) shakir/- U