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Patna High CourtCWJC/14764/2013disposed

Balram Das Yadav v. Icici Bank Ltd. And ORS

2018-09-10Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14764 of 2013 =========================================================== Balram Das Yadav Son of late Tulsi Yadav Resident of Village- Wajidpur, P.S. Dighaghat, District- Patna .... .... Petitioner

Versus

1. ICICI Bank Ltd., ICICI Bank Towers, Bandra- Kurla Complex, Mumbai Through Chairman-cum-Managing Director

2. The Managers Customers (Accounts) ICICI Home Finance, Post Box- No. 16319, Delsi Road, P.O. Mumbai

3. The Collection Manager, I.C.I.C.I. Bank House, 3rd Floor, 3-A, Gurusahay Road, Kolkata- 700003

4. Branch Head, I.C.I.C.I. Bank, Race Coarse Circle, Vadodra- 390007

5. ICICI Home Finance, Bihar State Financial Corporation Building, Frazer Road, Patna through Manager

6. The Branch Manager, ARCIL-ARMS, 113, First Floor, Ma Bhagwati Complex Boring Road Chowraha, West Boring Canal Road, Patna- 800001

7. The Asset Reconstruction Company India Ltd. (ARCIL), Registered Office, The Ruby, 10th Floor, 29, Senapati Bapat Marg, Dadar (West), Mumbai400028 Through Managing Director

8. Maharishi Housing Development Finance Corporation Ltd. A 14, Mohan CoOperative Industrial Estate, Mathura Road, New Delhi- 110044 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Gyanand Roy, Advocate For Respondent Nos. 6 & 7: Mr. Amaresh Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-09-2018 The present writ petition has been filed for quashing the notice dated 13.02.2013, issued by respondent no. 6 who has directed the petitioner to pay the loan amount vide Schedule-I of the notice of Rs. 7,91,023.92, notice under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "SARFAESI Act").

Patna High Court CWJC No.14764 of 2013 dt.10-09-2018 2/2

2. At the very outset, learned counsel for the petitioner invites reference to the supplementary affidavit in paragraph 4 whereof it has been stated that the matter has been resolved between the parties and the respondent-ARCIL agreed to accept a total amount of Rs. 5,00,000/- from the petitioner which has since been paid vide payment receipts enclosed as Annexure-12 series. It is therefore submitted that the grievance of the petitioner has now been redressed.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the stand of the petitioner, the writ petition stands disposed of. I.A. No. 2986 of 2014 also stands disposed of.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.09.2018 Transmission Date N.A.