Court No. - 38
Case :- WRIT - C No. - 9919 of 2018 Petitioner :- Meena Respondent :- State Bank Of India Civil Lines Agra, Through Its Regional Manager And Another Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- Satish Chaturvedi
Hon'ble Ran Vijai Singh,J. Hon'ble Mukhtar Ahmad,J.
We have heard Sri Ashish Goel, learned counsel for the petitioner and Sri Pankaj Srivastava,learned counsel appearing for the respondent bank.
Through this writ petition prayer has been made to issue writ of certiorari quashing notice dated 23.11.2017, issued under Section 13(2) of the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act).
Learned counsel for the petitioner submits that because of unavoidable circumstances and financial constraints, the petitioner could not deposit the amount, as required under the notice i.e.Rs.8,29,376/- plus interest and other charges, however, in case the bank extends time for deposit or fix some easy instalments, he will deposit the entire amount along with interest.
Considering the petitioners status of a guarantor and her financial constraints in depositing the amount, we provide that in case petitioner deposits an amount of Rs.3.00 lakhs by 30th April, 2018 with the bank, the bank shall provide the details of the account to the petitioner and realize the same in two equal one monthly instalments fixed by the bank. In case petitioner has deposited some amount after issuance of notice, the same shall also be adjusted.
In the meantime no coercive action shall be taken against the petitioner.
In case of default the interim protection extended by this Court shall stands automatically vacated.
With the aforesaid observation/directions, the writ petition stands disposed of.
Order Date :- 27.3.2018 M.A.Ansari