Patna High Court
Mr. Vijay Singh vs State Bank Of India And Ors on 23 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7704 of 2018
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Mr. Vijay Singh, S/o Shri Nand Kishore Singh, R/o Flat No. 101, Prince
Residency, New P.P. Colony, New Patliputra Colony, P.S.- Patliputra, District
- Patna.
... ... Petitioner/s
Versus
1. State Bank Of India, (a body corporate constituted under State Bank of India
Act, 1955) through its Chairman Cum Managing Director, having its Central
Office at Madam Cama Road, Nariman Point, Mumbai, Maharashtra.
2. Asst. General Manager, State Bank of India, Retail Assets Central
Processing Centre RACPC, 1st Floor, Patna Main Branch Building, West
Gandhi Maidan, Patna.
3. Branch Manager, State Bank of India, Patliputra (Patna), 6, Patliputra
Colony, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arbind Kumar Jha, Advocate
Mr. Vijay Kumar Verma, Advocate
For the Respondent/s : Mr. Satya Vrat, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-01-2023
Petitioner has prayed for the following relief(s):-
"That the writ petition is being filed for declaration
that the entire proceeding initiated by respondent
Bank from taking over the possession of secured
assets to sale is violative of Act regulating the same
and in violation of directives issued by Apex Court
in case of ICIC Bank Vs. Shanti Devi Sharma & Ors.
since reported in (2008) 7 SCC 532.
The petitioner further prays for declaration that in
view of RBI Circular if arrears of interest and
Patna High Court CWJC No.7704 of 2018 dt.23-01-2023
principal are paid by borrower in case of loan
account classified on NPAs, the account should no
longer be treated as non-performing and may be
classified as "Standard Account".
The petitioner further prays for issuance of writ of
mandmas restraining the respondent bank from
transferring the ownership of vehicle to proposed
auction purchaser.
The petitioner further prays for issuance of any other
appropriate writ/writs, order/orders and or direction
for which petitioner may be found entitled."
Leaving the issue of maintainability open, we allow
the petitioner to approach Respondent No. 3, namely, Branch
Manager, State Bank of India, Patliputra (Patna), 6, Patliputra
Colony, Patna submitting a proposal, complete in all respect, for One
Time Settlement of the dispute, waiver of interest in terms of the
policy of the Bank as also the guidelines of the Reserve Bank of
India.
Learned counsel for the respondents has no objection
to the same.
As and when any such request is received, the same
shall be considered and decided expeditiously, in accordance with
law, within a period of two months thereof, as per the policy of the
Bank as also the guidelines of the Reserve Bank of India.
Obviously, such decision has to be on the basis of
parity in relation to similarly situated persons.
Patna High Court CWJC No.7704 of 2018 dt.23-01-2023
In the event of petitioner failing to deposit the amount,
within the agreed time, it shall be open for the bank to take
appropriate action in accordance with law.
We clarify that we have not expressed any opinion on
merits. All issues are left open.
Till such time proposal is pending with the authorities,
no coercive action shall be taken against the petitioner.
The instant petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
(Partha Sarthy, J)
Saurabh/Sujit
AFR/NAFR
CAV DATE
Uploading Date 26.01.2023
Transmission Date
