High Court Madhya Pradesh High Court

M/S Jainsons Enterprises vs Union Bank Of India on 1 October, 2010

Madhya Pradesh High Court
M/S Jainsons Enterprises vs Union Bank Of India on 1 October, 2010
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       M/s Jainsons Enterprises vs. Union Bank of India & Ano.




                        W.P. No.13072/2010
01.10.2010

      Shri Shamim Ahmed Khan, learned counsel for the

petitioner.

      Shri    Abhishek      Agrawal   learned       counsel   for   the

respondent Bank.

Heard on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by

the action taken by the respondents under the provisions of

the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002, pursuant to which a

notice for taking possession has been issued to the petitioner on

31.8.2010.

It is submitted by the learned counsel for the petitioner that

the petitioner is willing to repay the loan provided the proposal

submitted by the petitioner be considered and an amicable

settlement be arrived at.

The learned counsel for the respondent Bank has objected

to the prayer made by the learned counsel for the petitioner and

submits that the proper remedy of the petitioner is to approach the

concerned authority for mitigating his grievance.

From a perusal of the record, it is clear that the petitioner

has not filed any such proposal before the said authorities after

31.8.2010.

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M/s Jainsons Enterprises vs. Union Bank of India & Ano.

In the circumstances, without entering into the merits of the

case, the petition filed by the petitioner is disposed of with liberty to

the petitioner to approach the respondent authorities by making a

proposal for repayment of loan and in case the petitioner does so,

the authorities of the Bank shall consider the same keeping in mind

the facts of the case and thereafter take a decision thereon after

giving an opportunity of negotiating to the petitioner.

With the aforesaid observation the petition, filed by the

petitioner, stands disposed of.

C.C as per rules.

( R. S. JHA )
JUDGE
mms/-