Patna High Court
Santosh Kumar Tyagi vs The Dakshin Bihar Gramin Bank on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5937 of 2020
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Santosh Kumar Tyagi son of Shyam Prasad, resident of Tini Lodipur, P.S.-
Chandi, District- Nalanda
... ... Petitioner/s
Versus
1. The Dakshin Bihar Gramin Bank, Head Office Shri Vishnu Commercial
Complex, N.H. 30, New Bypass, Near B.P. Highway Services Petrol Pump
Ashochak, Patna 800016 through its Chairman
2. The Chairman, Dakshin Bihar Gramin Bank, Head Office Shri Vishnu
Commercial Complex, N.H. 30, New Bypass, Near B.P. Highway Services
Petrol Pump Ashochak, Patna 800016
3. The Regional Officer, Dakshin Bihar Gramin Bank, Biharsharif
4. The Branch Manager, Dakshin Bihar Gramin Bank, Lodipur Nagarnausa,
Nalanda (Biharsharif)
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lovekush Kumar, Advocate
For the Respondent/s : Mr. Mahesh Narayan Prabat, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-11-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"1(a). For quashing the notice no. 8096-
2019/2020 dated 16.12.2019 issued under the
signature of the Authorized Officer of Dakshin
Patna High Court CWJC No.5937 of 2020 dt.23-11-2021
Bihar Gramin Bank, calling upon the petitioner
to pay the amount of Rs. 58,23544/- plus interest
thereon and other charges with further interest at
the contracted rate until payment in full within 60
days from the date of notice, failing which the
Bank, besides exercising other rights available to
it under law, would exercise power under section
13(2) of Securitization of Reconstruction of
Financial Assets and Enforcement Security
Interest Act 2000 (Annexure-5).
(b) For grant of an appropriate writ to accept
the amount settled between the petitioner and the
bank (Rs. 420000/-) after deducting the amount
of Rs. 2200000/ already paid to the respondent
under the settlement."
Learned counsel for the petitioner states that in
terms of One Time Settlement Scheme, he has already
deposited ₹22 lacs and the remaining amount of ₹20 lacs
could not be deposited on account of undue hardship
emanating out of circumstances beyond his control, and more
so, current pandemic Covid-19. Petitioner is ready and willing
to deposit the remaining amount of ₹20 lacs along with
interest accrued thereupon, in equal monthly installments
spread over a period of six months.
Statement accepted and taken on record.
Patna High Court CWJC No.5937 of 2020 dt.23-11-2021
On the other hand, it is pointed out by the learned
counsel appearing for the Bank that as on date, petitioner is
liable to pay a sum of ₹58 lacs (approx.) plus interest
thereupon, and the sum of ₹22 lacs already deposited, stands
adjusted against the outstanding amount. The figure of ₹58
lacs is after adjustment of the said amount.
Statement accepted and taken on record.
As such, the petition stands disposed of in the
following terms:-
(a) Petitioner shall represent to Respondent No. 2
namely The Chairman, Dakshin Bihar Gramin Bank, Head
Office Shri Vishnu Commercial Complex, N.H. 30, New
Bypass, Near B.P. Highway Services Petrol Pump, Ashochak,
Patna 800016, placing on record all documents in support of
his contention as also make himself available for a meeting in
the chamber of the said respondent on 6th of December, 2021 at
10:30 A.M.;
(b) We are hopeful that the said respondent shall take
a decision accounting for all the attending facts and
circumstances, including current pandemic Covid-19;
(c) Respondent No. 2 shall take a decision within a
period of eight weeks from the date of filing of the
Patna High Court CWJC No.5937 of 2020 dt.23-11-2021
representation along with a copy of this order, of course after
complying with the principles of natural justice;
(d) Liberty is reserved to the petitioner to take
recourse to the remedies as are otherwise available in
accordance with law, should the need so arises subsequently;
(e) We have not expressed any opinion on merits. All
issues are left open;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 25.11.2021
Transmission Date
