Disposed

Dayanand Roy v. the State of Bihar and Ors.

Patna HC12 Dec 2013CWJC/6207/2006

Case brief

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What is this about?

The Patna High Court disposed of a writ petition regarding a certificate case and bank debt settlement. The Court directed the State Bank of India to waive interest on a settlement amount agreed in 2011 and ordered the petitioner to pay the dues in four instalments. Upon full payment, the bank must issue a settlement certificate and close proceedings before the Certificate Officer.

What did the court decide?

Directing the Bank to waive interest on the settlement amount and order the petitioner to pay the dues in four instalments by specified dates in 2013-2014. On default, settlement cancelled.

Dayanand Roy Vs the State of Bihar and Ors. — Banking and Recovery | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6207 of 2006 ====================================================== Dayanand Roy, Son of Late Tarmi Prasad Roy, Resident of Village Bhawnathpur, Police Station Nath Nagar in the District of Bhagalpur .... .... Petitioner Versus 1. The State of Bihar, through District Certificate Officer, Bhagalpur. 2. The Certificate Officer, Bhagalpur. 3. The Branch Manager, State Bank of India, City Branch, Bhagalpur .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Gopal Prasad Roy Mr. Dhirendra Nath Jha Mr. Indeshwari Pd. Mandal, Advocates For the State : Mr. Arvind Ujjwal, SC11 For the Respondent-Bank: Mrs. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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11 12-12-2013 By order dated 11.09.2006, this Court had stayed further proceeding in the certificate case and had stayed distress warrant also. Thereafter this application was listed on many dates under the heading “For admission”.

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State Bank of India filed a counter affidavit on 19.12.2011 in which Bank had agreed to settle account of petitioner on payment of Rs.3, 05, 000/- together with interest on 15.12.2011.

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Learned counsel for the petitioner submits that petitioner is ready to pay this amount to the Bank. However, he prays for waiving off interest as may accrue on this amount after 15.12.2011.

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Patna High Court CWJC No.6207 of 2006 (11) dt.12-12-2013

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Learned counsel for the Bank submits that this amount may attract further interest as the amount of settlement is as on 15.12.2011.

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Since petitioner has agreed to pay this amount, on equitable consideration, this Court is of the opinion that the Bank should not charge interest on the amount for subsequent period.

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In the circumstances, petitioner is directed to pay the Bank Rs.50,000/- by 31^st of December, 2013; Rs.1,00,000/- by 31^st of January, 2014; Rs.1,00,000/- by 28^th of February, 2014 and Rs.1,05,000/- by 30^th of March, 2014. In case petitioner defaults in payment of any of the instalments, Bank will be at liberty to treat the settlement of his account as cancelled and shall be at liberty to proceed against petitioner in accordance with law for realization of his dues together with up-to-date interest. If petitioner deposits all the instalments, as fixed by this Court, Bank will issue a certificate of settlement of the account of petitioner and shall communicate the Certificate Officer in Certificate Case No.65 of 2002-03 pending before the Certificate Officer, Bhagalpur with request to close the proceeding.

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This writ application is disposed of with the aforesaid observations and directions.

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(Jayanandan Singh, J)

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B.T/-

Dayanand Roy v. the State of Bihar and Ors.

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Dayanand Roy v. the State of Bihar and Ors.

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