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Brajesh Kumar Singh vs State Of U P And Others

High Court Of Judicature at Allahabad|12 October, 2018
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JUDGMENT / ORDER

Court No. - 39
Case :- WRIT - C No. - 34771 of 2018 Petitioner :- Brajesh Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shravan Kumar Dubey,Prakash Chandra Tiwari Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Shravan Kumar Dubey, learned counsel for the petitioner, Sri Sandeep Kumar Singh, learned counsel for the respondents no.2 & 3 and learned standing counsel for the respondent no.1.
The petitioner in the writ petition is seeking a direction to the respondents to decide his representation dated 05.10.2018.
The averments of the writ petition show that the petitioner took a housing loan amounting to Rs. 6.10 Lacs on 24.08.2009 to be paid back in 15 years in 180 installments. It is stated that till 24.01.2017 the petitioner paid back Rs.5,85,312/- but thereafter his loan account has been changed to N.P.A. and when he made enquiry for depositing the remaining loan amount he was informed that the remaining loan amount is to be deposited in another account.
Learned counsel for the respondent-Bank informs that till date no demand notice under Section 13 (2) of the SARFAESI Act, 2002 has been issued to the petitioner.
In respect of his claim the petitioner is stated to have preferred representations dated 27.08.2010 and 05.10.2012 through registered post.
In our opinion, if the petitioner is willing to deposit the remaining loan amount and wants time for the same it is for the Bank to take a decision on the petitioner's representations.
We therefore dispose of this writ petition with a direction that if the petitioner prefers a fresh representation before the respondent no.3, Branch Manager, Bank of Baroda, Branch Nadeshar (Sigra), District Varanasi disclosing where he wants to deposit the remaining loan amount and in how many installments, within a period of 15 days from today alongwith the certified copy of this order, the respondent no.3 shall consider and decide the same in accordance with law within a further period of two months.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 12.10.2018 N Tiwari
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Title

Brajesh Kumar Singh vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 October, 2018
Judges
  • B Amit Sthalekar
Advocates
  • Shravan Kumar Dubey Prakash Chandra Tiwari