Patna High Court
Jitendra Kumar Gupta vs The Dakshin Bihar Gramin Bank on 28 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2790 of 2022
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Jitendra Kumar Gupta Son of Late Dayanand Gupta, Resident of Village and
Police Station Mansurchak, District - Begusarai.
... ... Petitioner/s
Versus
1. The Dakshin Bihar Gramin Bank through the Chairman, East Lakshmi
Nagar, Ramkrishna Nagar, Patna.
2. The Chairman, Dakshin Bihar Gramin Bank, East Lakshmi Nagar,
Ramkrishna Nagar, Patna.
3. The Regional Manager, Dakshin Bihar Gramin Bank, at Sona Jageshwar,
Complex, Traffic Chowk, Begusarai.
4. The Branch Manager, Dakshin Bihar Gramin Bank at Chhabilapur, Police
Station- Mansurchak, District - Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dinesh Maharaj, Advocate
Mr. Satish Kumar Singh, Advocate
For the Respondent/s : Mr. Ranjeet Kumar Pandey, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 28-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.2790 of 2022 dt.28-02-2022
We are entertaining the present petition in view of the
fact that at this point in time, the Debt Recovery Tribunal is not
functional on account of non-appointment of Presiding Officer.
It is the petitioner's case that on account of certain
hardships emanating out of current Pandemic Covid-19, petitioner
could not adhere to the time schedule for repaying the amount of
loan.
Learned counsel for the petitioner states that
notwithstanding such hardships, certain amounts were paid, and as
such, as on date only a sum of ₹18,00,000/- (eighteen lacs) is due
and payable by the petitioner.
On the other hand, it is the case of the respondent Bank
that at this point in time, petitioner is liable to pay a sum of
₹32,00,000/- (thirty two lacs) [approx.].
It is only on account of non-payment that the
respondent Bank, left with no option, but to initiate the
proceedings for putting the mortgaged property to auction.
At this stage, learned counsel for the petitioner states
that petitioner is ready and willing to approach the respondent
Bank giving a proposal, complete in all respect, for One Time
Settlement and (a) seek waiver of interest on the principal amount
due and payable in terms of the policy of the Bank as also the
guidelines issued by the Reserve Bank of India; (b) waiver of
Patna High Court CWJC No.2790 of 2022 dt.28-02-2022
charges; (c) re-fixation of the amount due and payable by the
petitioner to the Bank as also the schedule of payment. Also, to
show his bona fides, petitioner is ready and willing to deposit a
sum of ₹5,00,000/- (five lacs) within a period of two weeks from
today and the remaining amount of ₹13,00,000/- (thirteen lacs)
within a period of six months.
On the other hand, learned counsel for the respondent
Bank states that it is for the authorities to take a decision on these
aspects.
As such, we dispose of the present petition in the
following mutually agreeable terms:-
(a) Petitioner shall make himself available in the office
of Respondent No. 2, namely The Chairman, Dakshin Bihar
Gramin Bank, East Lakshmi Nagar, Ramkrishna Nagar, Patna on
8th of March, 2022 at 10:30 A.M. in terms of his statement,
recorded supra;
(b) Petitioner shall deposit a sum of ₹2,50,000/- within
a period of one week from today and further ₹2,50,000/- within a
period of one week thereafter;
(c) The Bank shall take a decision on the petitioner's
request within a period of eight weeks thereafter;
(d) Such decision has to be taken by passing a
reasoned and speaking order; in accordance with law; the
Patna High Court CWJC No.2790 of 2022 dt.28-02-2022
guidelines issued by the Reserve Bank of India;
(e) Obviously, such decision has to be on the settled
proposition of law maintaining parity;
(f) Till such time the decision is taken, no coercive
steps be taken against the petitioner;
(g) Liberty reserved to the petitioner to challenge the
order, should the need so arise subsequently;
(h) If the petitioner fails to deposit a sum of ₹5,00,000
(five lacs), as undertaken by him, or repay the amount in terms of
the schedule fixed by the Bank on mutually agreeable terms, it
shall be open for the Bank to take recourse to the remedies in
accordance with law, including sale of mortgaged/hypothecated
property.
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 03.03.2022
Transmission Date
