High Court Patna High Court - Orders

Surya Deo Singh vs The State Bank Of India & Ors on 23 September, 2011

Patna High Court – Orders
Surya Deo Singh vs The State Bank Of India & Ors on 23 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA

                        Civil Writ Jurisdiction Case No.12360 of 2011

                     Surya Deo Singh son of late Julumdhari Singh, resident of Mohalla-
                     Shankar Sonar Lane, New Godown, P.S.-Jotwali, District-Gaya.
                                                                         .........Petitioner
                                            Versus
                  1. The State Bank Of India Home Finance Limited through its General
                     Manager, 3rd Floor Abhishek Plaza, Exhibition Road, Patna.
                  2. The Assistant General Manager, State Bank of India Home Finance
                     Limited, 3rd Floor Abhishek Plaza, Exhibition Road, Patna.
                  3. The Authorized Officer, State Bank of India, Gaya Branch, Gaya.
                                                                      .......Respondents
                                           -----------
                     For Petitioner:-      Mr. Sanjeev Kumar, Adv.
                     For Respondents:-     Dr. Binay Kumar Singh, Adv.
                                           Mr. R.S. Vidyash, Adv.

03   23.09.2011                    Heard learned counsel for the petitioner and learned

                    counsel for the respondents.

2. This writ petition has been filed by the petitioner

challenging possession notice dated 18.02.2011 issued by the

Authorized Officer, State Bank of India, Gaya and also the demand

notice dated 30.08.2010, issued by the said authority, by which the

petitioner was directed to deposit Rs. 1,96,192/-, which was taken as

loan plus interest, as the said loan was taken by the petitioner on

09.11.1993, out of which the petitioner had already deposited

Rs. 20,000/- as fixed deposit at the time of execution of the loan and

had also deposited more than 10 instalments of Rs. 2,200/- each and

the petitioner has been ready to pay the rest principle amount and in

alternative prayed for one time settlement of the said amount also.

3. From the facts and circumstances of this case as well

as from the argument of the learned counsel for the parties and the

materials on record, it is quite apparent that the account of the
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petitioner had been declared as non-performing assets much earlier,

whereafter notice dated 04.08.2010 (Annexure-9) was issued by the

respondents to petitioner for payment of the aforesaid amount.

Thereafter, the proceeding under the Securitization and Reconstruction

of Financial Assets and Enforcement of Security Interest Act, 2002

(hereinafter referred to as ‘the Act’ for the shake of brevity) was

initiated and the notice under section 13 (2) of the Act dated

30.08.2010 (Annexure-2) was sent to the petitioner. No objection

under section 13 (3) of the Act was raised by the petitioner and hence

the respondents issued possession notice dated 18.02.2011

(Annexure-1).

4. The said facts clearly show that the petitioner had

not moved this Court either against the declaration of petitioner’s

amount as N.P.A, nor he had come to this Court immediately after

notices dated 04.08.2010 and 30.08.2010 claiming the proceeding to

be illegal, rather he had chosen to wait until possession notice is

given by the respondents to the petitioner. This Court does not find

any special reason to consider the prayer of the petitioner as he has

an adequate, efficacious and appropriate remedy under section 17 of

the Act for filing an appeal, in which he could have raised all the

points which he has taken in this writ petition.

5. In these circumstances, learned counsel for the

petitioner seeks permission to withdraw this petition with a liberty

to file an appeal. Accordingly, this writ petition is disposed of as

withdrawn with the aforesaid liberty. If such an appeal is filed by

the petitioner along with a copy of this order as well as all the
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requisites and also along with an interlocutory application for

condoning the delay within four weeks from today, the appellate

authority shall consider the delay caused due to filing of this writ

petition and shall decide the appeal on its own merits in accordance

with law expeditiously.

(S.N.Hussain, J.)
Safik