IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.741 of 2011
In
Civil Writ Jurisdiction Case No. 725 of 2011
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M/S New Rajendra Tyre Ajency, N.H.31, Har-Har Mahadeo Chowk near
Kailash Hotel, Meerganj, Begusarai through its Proprietor, Rashmi Singh
wife of Sri Rajendra Prasad resident of village and P.O. Khutaha Chetan
Tola, P.S. Barahia, District Lakhisarai
…. Petitioner …. Appellant/s
Versus
1. The Central Bank of India, Begusarai Branch, through its Branch
Manager, Begusarai
2. The Regional Manager, Central Bank of India Saharsa Regional Office,
Kosi Chowk, Ward No.121, Saharsa 852201
3. The Zonal Manager, Central Bank of India, Zonal Office, Maurya Lok
Complex, Patna.
… Respondents …. Respondent/s
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3 30-09-2011 Heard the parties.
In the facts and circumstances of the case, the prayer
to condone the delay of 47 days in preferring this appeal is
allowed.
On hearing the parties and perusal of the order under
appeal we find that the Writ Court has rightly held that the writ
petitioner/appellant has statutory remedy of appeal under Section
20 of the Recovery of Debts due to Banks and Financial
Institutions Act, 1993. In that view of the matter, we find no good
reason to interfere with the order of the Writ Court. The appeal is
dismissed.
It goes without saying that as observed by the Debts
Recovery Tribunal in the impugned order dated 29.10.2010, if a
Patna High Court LPA No.741 of 2011 (3) dt.30-09-2011
2
compromise proposal is submitted by the appellant with a genuine
intention to settle the dues as per recovery policy of the Bank, the
Bank will consider the same as per its policy.
(Shiva Kirti Singh, J)
(Shivaji Pandey, J)
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