Raju Kumar Singh v. The Dakshin Bihar Gramin Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21012 of 2021 ====================================================== Raju Kumar Singh S/o Sri Baijnath Singh, resident of Village - Nahauna, New Area, Sasaram, P.S.- Sasaram, District - Rohtas. ... ... Petitioner/s

Versus

1.

The Dakshin Bihar Gramin Bank through its Authorised Officer, Sasaram, Rohtas.

2.

The Authorised Officer, Dakshin Bihar Gramin Bank, Sasaram, Rohtas. 3.

The Branch Manager, Dakshin Bihar Gramin Bank, Nahauna Branch Sasaram (Rohtas).

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate Mr. Ajay Kumar Prasad, Advocate For the Respondent/s :

Mr. Suresh Pd Singh No.1, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 16-02-2022 Petitioner has prayed for following relief(s) : - "For issuance of writ in the nature of certiorari for setting aside the impugned Recall Notice dated 27.10.2021 along with demand Notice dated 28.10.2021 issued by the Respondents, whereby and whereunder the petitioner has been directed for payment of entire loan amount of both Loan Account 73788700000071 and 7378AB00000149 vide Recall/02 notice dated 27.10.2021 and demand notice dt.28.10.21 under Section 13 (2) of the SARFAESI Act, 2002."

Patna High Court CWJC No.21012 of 2021(3) dt.16-02-2022 2/2 Shri Suresh Prasad Singh, learned counsel who appears on behalf of the respondent Bank, states that till and so long as the petitioner fulfils the contractual obligations, in terms of the intervening developments, pending consideration of the present application, no coercive action shall be taken against the petitioner.

We are informed that the respondent Bank has taken action of regularizing the petitioner's account. Learned counsel for the petitioner states that petitioner shall adhere to the time-schedule fixed by the Bank. Statement accepted and taken on record.

Petition is disposed of in the aforesaid terms. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U