PRAMOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents to grant reasonable time of two years with facility of paying the loan in instalments in order to enable the petitioner to pay back his due loan amount.

(2.) The case of the petitioner in brief is that the petitioner is Managing Partner of a firm in the name and style of M/s Prabha Cold Storage and he had taken loan from the Respondents- Central Bank of India, Muzaffarpur, however, subsequently, he is stated to have requested the Regional Manager, Central Bank of India, Muzaffarpur, Bihar to restructure the loan in order to enable the petitioner to repay the loan amount, nonetheless, the petitioner received a notice under Section 13(4) of the SARFAESI Act dated 28.12.2018, whereafter the petitioner had filed a writ petition before this Court bearing CWJC No. 636 of 2019, however the same was disposed off by a coordinate bench of this Court vide order dated 17.1.2019 and the petitioner was permitted to withdraw the writ petition with liberty to move the Debts Recovery Tribunal, Patna, challenging the action taken by the RespondentBank under Section 13(4) of the SARFAESI Act, 2002.

(3.) It appears that the petitioner had then filed an application before the Debts Recovery Tribunal, Patna bearing SA No. 25 of 2019 and during the course of the said proceedings, the petitioner is stated to have handed over DD/ cheques of Rs. 75,00,000/- whereupon the learned DRT by an order dated 9.4.2019 had directed to reopen /unlock the dwelling house of the petitioner, subject to the cheque of Rs. 7,00,000/- being honourned, however, it appears that the said cheque of Rs. 7,00,000/- had bounced, hence, the lock of the dwelling house of the petitioner was not opened. The petitioner had then again approached this Court by filing yet another writ petition bearing CWJC No. 21583 of 2019 and a coordinate Bench of this Court by an order dated 25.10.2019 had disposed of the said writ petition and had directed the petitioner to hand over a demand draft of Rs. 7,00,000/- whereupon the Bank was directed to open the lock of the residential premises of the petitioner and hand over the possession thereof to the petitioner, subject to the condition that the petitioner shall abide by his undertaking given in paragraph no. 13 of the writ petition to the effect that in case, the Bank authorities grant installments, the petitioner would definitely repay this loan amount. In such view of the matter, the aforesaid coordinate bench of this Court, by an order dated 25.10.2019, had directed the competent authority / authorized officer of the Bank to inform the petitioner about the total outstanding amount, after adjusting a sum of Rs. 75,00,000/-, already paid by the petitioner, as well as the time frame within which the said amount is required to be paid.