M/S A.R. Marbles, A Proprietorship Concern v. The Reserve Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18537 of 2022 ====================================================== M/s A.R. Marbles, a proprietorship concern through its Proprietor Mohammad Ibrar Hussain (Male) aged about 41 years, son of Md. Afsar Hussain, having its unit/shop at Tatarpur, Road, Kajwalichak, Ward No.-19, Bhagalpur, Dist.- Bhagalpur, Pin- 812002, Bihar. ... ... Petitioner/s

Versus

1.

The Reserve Bank of India through its governor, Mumbai. 2.

The Regional Director, R.B.I. Regional Office, South Gandhi Maidan, Patna. 3.

The Chairman, Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai- 400013.

4.

The Branch Manager, HDFC Bank, Bimla Sadan, Holding no. 801/432, Ward No.- 37, Exhibition Road, Dist.- Patna, Pin- 800001. 5.

The Branch Manager, HDFC Bank Ltd. 1st and 2nd Floor, Singh Complex, D.N. Singh Road, Khalifabagh Chowk, Bhagalpur, Pin 812002, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Tiwary, Advocate Mr.Kulanand Jha, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-03-2023 The petitioner has prayed as under :

"A. A writ in the natur eof Mandamus commanding the respondent no.3 to 5 to accept the offer of the petitioner for transfer his liabilities of the loan account in the Branch Office, HDFC Ltd Khalifabagh, Bhagalpur (loan account no. 50200041793290) to his current account no. 07652020002917 standing in the name of Bela Silk of the same bank Khalifabagh Branch HDFC Bank Ltd. Bhagalpur to liquidate the loan amount and for regularize of the loan account of the petitioner. B. For a writ, order, or direction to the respondent no.3 to 5 to fix the installment on quarterly basis of the principal loan amount for repayment of the

Patna High Court CWJC No.18537 of 2022(3) dt.21-03-2023 2/2 loan amount by the petitioner."

The petitioner has an efficacious alternative remedy to approach the DRT for the reasons as prayed for hereinabove. Keeping in view the law laid down in State Bank of Travancore & Anr. vs. Mathew K. C. 2018 (3) SCC 85, the writ petition is dismissed with the aforesaid liberty. (Sanjeev Prakash Sharma, J) Ashwini/- Item No.92 U