Patna High Court
Dhara Holiday Llp vs The State Bank Of India on 21 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.32 of 2022
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Dhara Holiday LLP, Saguna More, Danapur, P.S.- Danapur, District- Patna
through its Partner namely Rahul Kumar, Son of Late Ramesh Prasad,
Resident of Bihari Kunj, Makhania Kuan Road, Patna, Bihar, India- 800001.
... ... Petitioner/s
Versus
1. The State Bank of India through its SME, Alankar Palace, Boring Road,
Patna, First Floor, Alankar Place Boring Road, Patna- 800001.
2. General Manager, (GAD) State Bank of India Govt. Business Unit 19th
Floor, Nariman Point Madam Cama Road, Mumbai- 400021.
3. Authorized Officer, State Bank of India, SME Branch, Boring Road, First
Floor, Alankar Place Boring Road, Patna- 800001.
4. AGM, SARB, State Bank of India, Gandhi Maidan Branch, Patna.
5. Authorized Officer, State Bank of India, SARB, State Bank of India, Gandhi
Maidan Branch, Patna.
6. Branch Manager, State Bank of India, SME Branch, Boring Road (Code
65rt0) First Floor, Alankar Place Boring Road, Patna- 800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr.Sanjiv Kumar,
Mr. Sanjay Singh Thakur, Advocates
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
Patna High Court CWJC No.32 of 2022 dt.21-02-2022
We have entertained the present petition in view of the
fact that the Debt Recovery Tribunal is not functional.
As per the notice issued under Section 13(4) of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 and rules framed
thereunder, as on 2nd November, 2021, petitioner was liable to
pay a sum of Rs.4,62,58,847.06/-.
Learned counsel for the petitioner contends that the
Patna High Court CWJC No.32 of 2022 dt.21-02-2022
petitioner is ready and willing to have the dispute amicably
resolved with the bank, for which purpose, to establish his bona
fide, petitioner is ready and willing to deposit Rs. ₹40 lacs
within a period of one week. Also, the petitioner shall approach
respondent No.4, namely, AGM, SARB, State Bank of India,
Gandhi Maidan Branch, Patna for One Time Settlement,
seeking waiver off of the interest in terms of the guidelines of
the Reserve Bank of India and also the action taken in the cases
of similarly situated parties.
Petitioner is also ready and willing to sit with the bank
for settlement of the said amount.
As such, the petition is disposed of on the following
mutually agreeable terms :-
(i) Petitioner shall deposit Rs. ₹40 lacs with the
respondent bank positively within a period of one week from
today;
(ii) Petitioner shall make himself available in the
office of respondent respondent No.4, namely, AGM, SARB,
State Bank of India, Gandhi Maidan Branch, Patna on
08.03.2022 at 10.30 A.M.; when a proposal for amicable
settlement shall be submitted;
(iii) The bank shall take a decision thereupon in
Patna High Court CWJC No.32 of 2022 dt.21-02-2022
accordance with law keeping in view the guidelines issued by
the Reserve Bank of India as also principle of parity;
(iv) Needful be positively done within a period of two
months thereafter;
(v) Till the time proposal is pending with the
authorities, no coercive action shall be taken against the
petitioner.
(vi) In the event of petitioner failing to deposit the
amount, it shall be open for the bank to take appropriate action
in accordance with law.
The instant petition sands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-Ranjan
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2022
Transmission Date NA
