Disposed

Neeru Devi v. The State Bank Of India and Ors.

Patna HC19 Dec 2013CWJC/25246/2013

Case brief

AI extract

What is this about?

Petitioner in cheque recovery matter deposited advertised amount and agreed to pay remaining dues including interest and expenses as per SARFAESI Act to Chief Manager who will calculate total dues.

What did the court decide?

Petitioner directed to approach Chief Manager for calculation of dues; undertaking to pay debts will prevent further coercive steps including auction barred till 26th December 2013.

Neeru Devi Vs The State Bank Of India and Ors. — Specific Performance | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25246 of 2013

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====================================================== Neeru Devi, proprietor M/s Pooja Enterprises, wife of Sunil Singh, resident of Chanakya Nagar, Kumharar, P.S. Agamkuan, District- Patna .... .... Petitioner/s Versus 1. The State Bank Of India through Assistant General Manager, SMECCC, Patna Main Branch Building (1^st ) Floor, West Gandhi Maidan, Patna 2. Branch Manager, State Bank of India, Kankarbagh Branch, Patna 3. The Authorised Officer, State Bank of India SMECCC, Patna Main Branch Building (1^st ) Floor, West Gandhi Maidan, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar For the Respondent/s : Mr. Awadhesh Kumar Singh Mr. K.K.Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 19-12-2013 Admittedly, petitioner has deposited the amount

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mentioned in the newspaper notice, as contained in Annexure-2.

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Learned counsel for the Bank submits that the

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amount mentioned there was only NPA amount and interest etc. and expenses were to be added to that in terms of section 13(7) and 13(8) of the SARFAESI Act. He submits that, to finally close the account, petitioner has to pay all the charges, expenses of the proceedings and up-to-date interest.

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Learned counsel for the petitioner submits that the

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petitioner is ready to pay the remaining amount also.

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In the circumstances, petitioner is directed to approach the Chief Manager of the State Bank of India,

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Patna High Court CWJC No.25246 of 2013 (2) dt.19-12-2013

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2/2

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(SMECCC) Main Branch, Patna by 25^th December 2013. If the petitioner approaches the Chief Manager within that time, the Chief Manager will get total up-to-date remaining dues calculated in presence of the petitioner. Thereafter, petitioner will give an undertaking in writing to the Chief Manager as to within what shortest possible time she will pay the remaining dues. In case petitioner gives an undertaking to the Chief Manager with regard to payment of the remaining dues, Bank shall not take further coercive steps in the matter.

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Till 26^th December, 2013, Bank shall not take further steps pursuant to the auction held today of the house of the petitioner.

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With the aforesaid observations and directions, this

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writ application is disposed of.

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(Jayanandan Singh, J)

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Pradeep/-

Neeru Devi v. The State Bank Of India and Ors.

Case brief

What is this about?

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Neeru Devi v. The State Bank Of India and Ors.

Case brief

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