Court No. - 40
Case :- WRIT - C No. - 20436 of 2018 Petitioner :- Mehtab Ahmad Respondent :- Authorized Officer Allahabad Bank Branch Kashi Vidya Peeth And 2 Others Counsel for Petitioner :- Prashant Pandey,Manoj Kumar Yadav Counsel for Respondent :- C.S.C.,Habib Ahmad
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner and Sri Habib Ahmad, learned counsel for the respondent nos.1 and 2 bank.
The petitioner in paragraph no.14 of the writ petition has undertaken that he is prepared to pay the entire dues provided some breathing time is given by the bank.
From the facts on records it is apparent that on account of default in a loan, the bank has set into motion recovery proceedings and has also applied for taking physical possession under the SARFAESI Act, 2002. In such circumstances it is open to the petitioner to approach the bank for any negotiation and to settle the dues and in case he disputes the same it is also open to him to approach the Debt Recovery Tribunal in terms of Section 17 of the 2002 Act in accordance with law. The writ petition is accordingly consigned to records.
Order Date :- 30.5.2018 R./