Patna High Court
S. Sarwar Hussain @ Sarwar Hussain ... vs The Chief Manager on 22 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5447 of 2021
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1. S. SARWAR HUSSAIN @ SARWAR HUSSAIN AND OTHERS Son of
Late S. Nasir Hussain Resident of Tootwari Road, Panchayatiya Akhara,
P.o.- H.P.O., Gaya Town, and Distrcit- Gaya
2. S. Haider Husaain @ S. Haider Hussain Rizvi Son of Late s.Nasir Hussain
Resident of Tootwari Road, Panchayatiya Akhara, P.o.- H.P.O., Gaya Town,
and Distrcit- Gaya
... ... Petitioner/s
Versus
1. The chief Manager, Punjab National Bank, Inter Office, Rai Kashi Nath
More Gaya
2. The Branch Manager, Punjab National Bank, Branch Office, Rai Kashi Nath
More, Gaya
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey, Advocate
For the Respondent/s : Mr.Kumar Priya Ranjan, SC-P.N.B.
Mr. Pallav, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-12-2021
Petitioner has prayed for the following relief(s):
"For issuance of an appropriate writ,
order or direction particularly in the nature of
mandamus for a direction to the Respondent
Bank to grant extension of time of 12 months
at least for repayment of loan amount
remained due pursuant to compromise
entered between parties on 25.03.2020."
Yesterday, we had passed the following order:
"It is contended that in April, 2020
petitioner had entered into a One Time
Patna High Court CWJC No.5447 of 2021 dt.22-12-2021
Settlement with the respondent Bank,
whereby petitioner had agreed to pay a sum
of ₹45 lacs, out of which petitioner has
already paid a sum of ₹41 lacs. Only on
account of current Pandemic Covid-19,
petitioner could not deposit the balance
amount of ₹4 lacs (Approx.), which the
petitioner is now ready and willing to do so
within a period of three months. Also, the
petitioner is ready and willing to deposit the
interest accrued on the settled amount.
To establish his bona fide,
petitioner is also ready and willing to deposit
a sum of ₹1 lac with the respondent Bank
within next 48 hours.
As prayed for, list this case on 22 nd of
December, 2021 so as to enable learned
counsel for the respondent Bank to take
instructions."
Mr. Kumar Priya Ranjan, learned counsel for the
Bank, informs that the total outstanding amount as would be
payable by the petitioner on 31st of December, 2021, is
Rs.4,70,000/-.
Having given thoughtful consideration, we are of
the considered view that petitioner deserves concession towards
waiver of the amount of interest. We are sure that the Bank shall
take a liberal view in the matter.
The petitioner undertakes to pay the amount in
terms of our order 21.12.2021, reproduced supra, on or before
Patna High Court CWJC No.5447 of 2021 dt.22-12-2021
31st of January, 2022.
The petition is disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
