Disposed

Dilip Kumar @ Dilip Kumar Choudhary v. The Chairman And Managing Director and Ors.

Patna HC13 Aug 2012CWJC/14176/2012

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions filed by a borrower and a guarantor against State Bank of India regarding a Notice for Possession for an NP loan account. The Court directed the borrower to pay Rs. 3 lakhs by August 31, 2012, and was willing to grant liberty under SARFAESI Act if default occurred.

What did the court decide?

Directions to pay Rs. 3,00,000/- by Aug 31, 2012 and the rest of the dues with interest by Nov 15, 2012; liberty to Bank under SARFAESI Act if default made.

Dilip Kumar @ Dilip Kumar Choudhary Vs The Chairman And… — Banking and Recovery | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13993 of 2012

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====================================================== 1. Niraj Kumar S/O Ghanshyam Prasad R/O Mohalla-Koshi Colony, Mirchaibari, District-Katihar

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.... .... Petitioner/s

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Versus

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1. The Chairman-Cum-Managing Director State Bank Of India, Nariman Point, Mumbai 2. General Manager State Bank Of India, Judges Court Road, Patna 3. Regional Manager, State Bank Of India, Purnea 4. Authorised Officer, State Bank Of India

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Senior Branch Manager State Bank Of India, Mirchaibari Branch, Katihar 6. Branch Manager, State Bank Of India, Mirchaibari Branch, Katihar

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.... .... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No.14176 of 2012 ====================================================== 1. Dilip Kumar @ Dilip Kumar Choudhary S/O Late Laxmeshwar Sharma Resident Of Mohalla- Hridayganj, Officers Colony, Mirchaibari, DistrictKatihar

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.... .... Petitioner/s

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Versus 1. The Chairman-Cum-Managing Director, State Bank Of India, Nariman Point, Mumbai 2. General Manager, State Bank Of India, Judges Court Road, Patna 3. Regional Manager, State Bank Of India, B.R. Building Null Kola Bhawan Road, Purnea 4. Authorised Officer, State Bank Of India, B.R. Building, Kola Bhawan Road, Purnea 5. Senior Branch Manager, State Bank Of India, Mirchaibari Branch, Katihar 6. Branch Manager, State Bank Of India, Mirchaibari Branch, Katihar .... .... Respondent/s ====================================================== Appearance : (In CWJC No.13993 of 2012) For the Petitioner/s : Mr. Bidhan Chandra Jha For the Respondent/s : Mr. Mukund Jee (In CWJC No.14176 of 2012) For the Petitioner/s : Mr. Karuna Kant Jha For the Respondent/s : Mr. Mukund Jee ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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Patna High Court CWJC No.13993 of 2012 (3) dt.13-08-2012

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3 13-08-2012

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These two writ applications are being disposed of as they relate to the same loan account classified as NPA by the Bank. The petitioner of the first case is a guarantor and petitioner of the second case is a borrower.

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On instructions, learned counsel for the Bank submits that the loan amount of the petitioner as on today has increased to Rs.10,31,975/- due to interest accrued on the amount mentioned in the possession notice as contained in Annexure-2. He submits that the petitioner had also taken car loan in which he defaulted and the dues amount under that head has come to Rs.9,85,905/-.

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Learned counsel for the petitioner submits that this writ application has been filed by the petitioner only in the wake of possession notice dated 27.06.2012, vide Annexure-2, in respect of the business loan amount of Rs.10,05,730/-. He submits that the petitioner is ready to liquidate this dues of the Bank in installments which this Court may fix. So far as car loan is concerned, learned counsel for the petitioner submits that, that is not before this Court in this writ application and it has not been challenged by the petitioner so far.

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In the circumstances, this Court directs the petitioner to pay Rs.3,00,000/- by 31^st of August, 2012 and half of the rest of the amount by 30^th of September, 2012 and rest half, plus accrued

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Patna High Court CWJC No.13993 of 2012 (3) dt.13-08-2012

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interest on the amount during this period till the date of payment, positively by 15^th of November, 2012. If the petitioner defaults in this direction of the Court, the Bank shall be at liberty to proceed in completing the action taken against the petitioner under the SARFAESI Act consequent to issue of the possession notice as contained in Annexure-2. Since the issue of pending car loan against the petitioner is not before this Court, this Court grants liberty to the Bank to proceed in the matter in accordance with law.

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The further proceeding in the matter shall remain stayed till 31^st August, 2012 and if the petitioner deposits Rs.3,00,000/by that day the stay shall continue. On or before deposit of the half of the remaining amount on 30^th of September the proceeding shall remain stayed till 15^th November, 2012. If the petitioner by 15^th of November, 2012, clears all the dues with interest the loan account of the petitioner shall stand closed.

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These writ applications are disposed of with the aforesaid observations and directions.

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Arvind/-

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(Jayanandan Singh, J)

Dilip Kumar @ Dilip Kumar Choudhary v. The Chairman And Managing Director and Ors.

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Dilip Kumar @ Dilip Kumar Choudhary v. The Chairman And Managing Director and Ors.

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