Disposed

Shankar Prasad Singh v. The State Of Bihar and Ors.

Patna HC27 Jun 2018CWJC/17616/2017

Case brief

AI extract

What is this about?

In a civil writ petition regarding the sale of mortgaged assets under the SARFAESI Act, the Petitioner sought to set aside the sale process due to partial repayment. The Court disposed of the writ by granting relief rather than deciding the merits.

What did the court decide?

Liberty granted to petitioner to approach Regional Manager, Bank of Baroda, Purnea Region, for redressal of grievances if a representation is filed within two weeks.

Shankar Prasad Singh Vs The State Of Bihar and Ors. — Banking and Recovery | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.17616 of 2017

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Shankar Prasad Singh Son of Late Ram Janam Singh Resident of Motilal Lane, Sikandarpur, Mirjan Hatt, P.S. - Bhagalpur, District - Bhagalpur.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna.

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The Chairman, Bank of Baroda, Mumbai.

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The Chief Manager and Authorized Officer, Bank of Baroda, Bhikanpur, Bhagalpur.

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The Branch Manager, Bank of Baroda, Bhikanpur Branch, Sanskar Apartment, RBSS Sahay Road, Bhagalpur.

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5.The Regional Manager, Bank of Baroda, Purnea Region, Purnea.

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.... .... Respondent/s

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Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Adv Mr. Dilip Kumar, Adv For the State : Mr. Vipin Kumar Singh, AC to SC22 For the Resp. Bank : Mr. Nishi Nath Ojha, Adv

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-06-2018

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As prayed, learned counsel for the petitioner is permitted to implead the Regional Manager, Bank of Baroda, Purnea Region, Purnea as respondent no. 5 in course of the day.

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The present writ petition has been filed for the following reliefs –

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(i) For setting aside the entire process of sale of mortgaged assets of the petitioner, as published in ‘Hindustan’ newspaper on 3^rd November, 2017 which is scheduled on 04.12.2017 as the petitioner who is one of the partners of M/s Mahamaya Enterprises has already paid Rs. 3,24,587/- after the NPA and out of total outstanding of Rs. 11,89,445/- as on 13.11.2017 and he is prepared to pay the total outstanding within a period of 6

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Patna High Court CWJC No.17616 of 2017 dt.27-06-2018

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months and out of which Rs. 3.00 lakhs is being paid immediately. (ii) For any other relief for which the petitioner may deem entitled to.

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Learned counsel for the petitioner submits that the account of the petitioner was declared NPA and action under the SARFAESI Act was commenced for realization of the outstanding dues. It is submitted that an amount of Rs. 11,89,445/- is the outstanding amount and the petitioner has approached the authorized officer of the respondent-bank with a representation dated 16.11.2017 (Annexure-6) seeking compromise and instalments for payment of the outstanding dues.

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Learned counsel for the respondent-bank on the other hand refers to para 7 of the counter affidavit to point out that as a matter of fact the total outstanding dues of the petitioner amounts to Rs. 19,86,154/- as on 31.12.2017.

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Having regard tot eh nature of the grievance of the petitioner and in the interest of justice, the writ petition is disposed of granting liberty to the petitioner to approach the Regional Manager, Bank of Baroda, Purnea Region, Purnea (Respondent No. 5) for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same may be considered and disposed of on its own merits in accordance with law, and without being influenced by any observations made herein.

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Chandran/BT
AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	02.07.2018
Transmission Date	NA

Shankar Prasad Singh v. The State Of Bihar and Ors.

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Shankar Prasad Singh v. The State Of Bihar and Ors.

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