M/S Agarwal Brothers vs The Union Of India
2021 Latest Caselaw 5428 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8240 of 2020
     ======================================================

M/s Agarwal Brothers 802/804-B, White House, Buddh Marge, PO- GPO, P.S. Kotwarli, District - Patna, Pin - 800001, represented through its Managing Partner Mr. Pankaj Agarwal, aged about 38 years (M), S/o Sri Chand Bihari Agarwal, R/o 802/B-Block, White House, Budh Marg, Behind Land Development Bank, Budh Marg, Patna, P.S. - Kotwali, PO- Patna GPO, District - Patna, Bihar, Pin - 800001.

... ... Petitioner/s

Versus

1. The Union of India through Ministry of Micro Small and Medium Enterprises, New Delhi.

2. The Chairman-cum-Managing Director, Bank of Baroda, Head Office -

BARODA BHAVAN, 26, Alkapuri Road, Aradhana Society, Vishwas Colony, Alkapuri Vadodara, Gujarat - 390007.

3. The Zonal Manager, Bank of Baroda, 4th Floor, Anand Vihar, Panchamukhi Mandir, West Boring Canal Road, Patna, Bihar 800001.

4. The Chief Manager, Bank of Baroda, Exhibition Road Branch, Exhibition Road, Patna - 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Dr. Binay Kumar Singh, Advocate For the Respondent/s : Mr.Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-11-2021

Petitioner has prayed for the following relief(s): Patna High Court CWJC No.8240 of 2020 dt.23-11-2021

Patna High Court CWJC No.8240 of 2020 dt.23-11-2021

Having heard learned counsel for the petitioner,

we are of the considered view that the present petition is

totally misconceived and not maintainable at all, more so, as

we are informed during the course of hearing that the Patna High Court CWJC No.8240 of 2020 dt.23-11-2021

petitioner has, post filing of the present petition, taken recourse

to the remedies provided under the provisions of the SARFAESI

Act.

It is the petitioner's grievance that the respondents

wrongly declared the petitioner's account as N.P.A., thus,

precluding the release of the benefits of disbursement of the

loan under the Guaranteed Emergency Credit Line Scheme

promoted by the Union of India.

Well, it is a matter of record that the petitioner's

entitlement for benefits under the said scheme is subject

to the outcome of the petitioner's compliance of the

conditions of the agreement with the Respondent Bank towards

the repayment of the financial obligations, due on account

of release of the amount of loan, to the petitioner, on his request.

It appears that the petitioner failed to comply with

such contractual and statutory obligations which prompted the

Respondent Bank to declare the petitioner's account as

N.P.A.

Be that as it may, since petitioner has now taken

recourse to remedies in accordance with law, we do not find any

reason sufficient enough to interfere in the present petition,

which is accordingly dismissed.

Patna High Court CWJC No.8240 of 2020 dt.23-11-2021

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/DKS/-

AFR/NAFR
CAV DATE
Uploading Date          26.11.2021
Transmission Date