Court granted liberty to petitioner to apply for installment fixation for refunding bank dues. Imposed condition of 25% deposit before consideration. Stayed arrest warrant for 30 days recallable upon application.
Grant of liberty to file installment application; 25% deposit mandatory; 30-day stay on arrest warrant.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6069 of 2019
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M/s Raijee Mini Rice Mill, Proprietor Anil Kumar Rai, aged about 57 years, (Male), Son of Late Indrasan Rai, Resident of Village-Tenuaj, Post Office and Police Station-Natwar, District-Rohtas.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Adv. For the Respondent No.4: Mr.Mukund Jha, Adv. Mr. Shyamal Krishna Sinha, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 02-04-2019
After some argument, learned counsel for the petitioner submits that because he is only looking for fixation of some installments to refund the entire outstanding dues of the Bank, liberty may be granted to the petitioner to file an appropriate application before the District Certificate Officer, Rohtas at Sasaram where he may make a request to grant him some indulgence to pay the entire outstanding amount in few installments.
Learned counsel for the Bank submits that the Bank is only interested in getting back its money and if the petitioner gives an undertaking before the District Certificate Officer, Rohtas at Sasaram along with some substantial amount which is
Patna High Court CWJC No.6069 of 2019(2) dt.02-04-2019 2/2
request for fixation of few installments, the Bank will certainly cooperate but the petitioner should at the first instance show his bonafides and intention to refund the entire outstanding amount.
In the given facts and circumstances of the case, this Court finds no reason to interfere with the impugned order. Liberty is granted to the petitioner to file an appropriate application before the District Certificate Officer, Rohtas at Sasaram with his request to fix the installments for refund of the entire outstanding amount. Along with his request, he will deposit at least 25% of the total outstanding amount before the District Certificate Officer, thereupon, his application for fixation shall be considered, an appropriate order shall be passed thereon after hearing the stand of the Bank as well.
For a period of 30 days from today, there will be an interim stay of the execution of warrant of arrest. With the aforesaid application if the requested amount is filed before the District Certificate Officer, Rohtas at Sasaram, the petitioner may request for recall of the warrant of arrest.
This writ application stands disposed of, accordingly.
(Rajeev Ranjan Prasad, J)
R.R.Ojha/- U
3 issues framed by the court
Whether liberty should be granted to the petitioner to file an application before the District Certificate Officer for fixation of installments to refund outstanding bank dues.
Whether an interim stay of execution of the warrant of arrest should be granted during the pendency of the application.
Whether a condition precedent of depositing a substantial portion of the outstanding amount is required before considering the fixation application.
M/s Raijee Mini Rice Mill, Proprietor Anil Kumar Rai
The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar
The District Magistrate, Rohtas
The District Certificate Officer, Rohtas
The Branch Manager, State Bank of India, District-Rohtas
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
