Patna High Court
M/S Prema Jewels vs Chairman-Cum-Managing Director on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2857 of 2021
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M/s Prema Jewels, through one of it's Co-borrower Shri Saurabh Kumar S/o
Late Sanjay Kumar, aged about 30 yrs. Male, S/o Late Sanjay Kumar, R/o
Shop no.55, Lok Nayak Jay Prakash Bhawan, Dak Bunglow Chauraha, P.S.-
Kotwali, Patna-800001 having it's Place of Business at Shop No. G-13, P and
M Mall, Patliputra, Patna.
... ... Petitioner/s
Versus
1. Chairman-Cum-Managing Director, State Bank of India, having its
Corporate Office at Madam Cama Road, Mumbai.
2. Branch Manager, State Bank of India, at Patliputra (SME) Branch, Patna
now SME Boring Road Branch, Patna.
3. Assistant General Manager, State Bank of India, Stressed Assets
Management Branch, 5th Floor, Zonal Office Building, Judge Court Road,
Antaghat, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jyoti Prakash, Advocate
Mr. Arbind Kumar Jha, Advocate
For the Respondent/s : Mr.Santosh Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-11-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief(s):-
"That the petition is being filed to issue a writ of
mandamus or any other writ, order or direction in nature
thereof directing the respondents to withdraw letter no.
SAMB/CLO-IV/AKR/43 dt. 02.12.2020 by which offer
under SBI OTS 2020 dt. 17.10.2020 and sanction dt.
20.10.2020 was withdrawn after unequivocal acceptance
of offer by the petitioner and the bank accepted the entire
OTS amount in pursuance of the scheme.
Patna High Court CWJC No.2857 of 2021 dt.22-11-2021
That the petitioner further prays for commanding the
respondent Bank to honour the terms of offer dt.
17.10.2020 and acceptance by appropriate authority by
letter dt. 20.102020.
That the petitioner further prays for quashing that part of
the letter dated 02.12.2020 by which the petitioner's
account has been declared as fraud by competent authority
without any opportunity to the petitioner to deny guilt and
establish innocence i.e. without notice of charge leveled
against the petitioner and allegations on which charges are
based and an opportunity to deny.
That the petitioner further prays for a direction to the
respondent bank to return the title deed deposited with the
bank to secured the loan in consequence of the settlement
under SBI OTS 2020 as the money deposited with the
bank is procured from the market and the petitioner has to
raise finance against the mortgage property.
The petitioner further prays for issuance of any
appropriate writ/writs, order/orders and/or
direction/directions for which petitioner may be found
entitled."
After the matter was heard for some time, more so,
in view of the objections raised by the respondents, with regard
to the pendency of the proceedings under the provision of the
Recovery of Debts and Bankruptcy Act, 1993, learned counsel
seeks permission to withdraw the present petition reserving
liberty to approach the respondent authorities as also the
Patna High Court CWJC No.2857 of 2021 dt.22-11-2021
Reserve Bank of India, pointing out his grievances arising out of
the impugned action i.e. order dated 02nd of December, 2020.
We notice that proceedings for recovery of debts
were initiated by the respondents and vide judgment dated 31 st
of October 2018, passed in O.A. Case No. 812 of 2016, the DRT
allowed the application directing the petitioner to pay a sum of
Rs. 3,10,08,252.27/-.
We also notice that prior thereto, the respondents had
issued a proposal for One Time Settlement vide communication
dated 13th of August, 2018 (Annexure-6), which was accepted
by the petitioner, and confirmed by the respondent, vide
communication dated 20th of October, 2020 (Annexure-9).
However, vide impugned communication dated 2nd of
December, 2020 (Annexure-10), the One Time Settlement
stands withdrawn for the reason that the account of the
petitioner was declared fraud by the competent authority of the
bank.
The instant writ petition stands disposed of as
withdrawn with the liberty aforesaid.
We clarify that we have not expressed any opinion
on the merits of the case and have left all the questions,
including the issue of maintainability of the present petition,
Patna High Court CWJC No.2857 of 2021 dt.22-11-2021
open to be decided in an appropriate proceeding, should the
need so arises subsequently.
As and when any request is made by the petitioner,
we are sure that the appropriate authority shall consider and
decide the same, in accordance with law, expeditiously and
within a period of four weeks thereafter, of course, after
complying with the principles of natural justice.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
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