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Patna High Court

Satyendra Narayan Karna vs The Chief General Manager, State Bank Of ... on 22 June, 2017

Author: Shivaji Pandey

Bench: Shivaji Pandey

        IN THE HIGH COURT OF JUDICATURE AT PATNA

                Civil Writ Jurisdiction Case No.6488 of 2017
===========================================================
Satyendra Narayan Karna Son of Ramaballabh Lal Das, R/o 301 Ganga Complex,
Kankarbagh Main Road, P.S.-Kankarbagh, District-Patna.

                                                             .... .... Petitioner/s
                                       Versus
1.   The Chief General Manager, State Bank of India, India, Local Head Office,
     Gandhi Maidan, Patna.
2.   The Assistant General Manager, (RACPC) State Bank of India, West Gandhi
     Maidan, Patna.
3.   The Assistant General Manager, Stressed Assets Recovery Branch (SARS),
     State Bank of India, 2nd Floor, Patna Main Branch Building, West Gandhi
     Maidan, Patna.
4.   The Chief Manager, Stressed Assets Recovery Branch (SARB), State Bank of
     India, 2nd Floor, Patna Main Branch Building, West Gandhi Maidan, Patna.
5.   The Branch Manager, Boring Road Branch, State Bank of India, Boring Road,
     Patna.

                                                      .... .... Respondent/s
===========================================================
       Appearance :
       For the Petitioner/s : Mr. Siddharth Harsh
       For the Respondent/s  : Mr. Kaushlendra Kumar Sinha
===========================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL JUDGMENT

Date: 22-06-2017 Heard learned counsel for the petitioner and counsel for the State Bank of India.

In the present case, the petitioner has taken education loan but, after completion of one year, he has gone for higher study and could not deposit the amount. Thereafter, the Bank declared the loan account as N.P.A. and, filed Original Application No. 822 of 2016 before the Debt Recovery Tribunal, Patna for recovery of Rs. 16,81,458/-. Now the amount has gone higher.

Learned counsel for the petitioner submits that he is Patna High Court CWJC No.6488 of 2017 dt.22-06-2017 2 ready to pay the entire amount subject to certain adjustment because he has to pay entire amount from the salary. He further submits that he has already cleared the due amount of 1st account and he is ready to pay all the principal amount including interest standing in 2nd account without any laches but, his account should be regularized and he should be given liberty to pay the rest amount in installment which may be re-fixed.

As already the proceeding is initiated before the Debt Recovery Tribunal, Patna, the petitioner should approach before the Tribunal by way of filing an application. This Court is of the view that the Tribunal will take into consideration the matter looking to the nature of loan, he has obtained, for pursuing the study.

With this observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/-

AFR/NAFR       NAFR
CAV DATE NA
Uploading Date 29.06.2017
Transmission NA
Date