Court No. - 38
Case :- WRIT - C No. - 27210 of 2018 Petitioner :- Smt. Sayeeda Begum Respondent :- Branch Manager, Prathma Bank Counsel for Petitioner :- Rakesh Kumar Mishra Counsel for Respondent :- Sanjeev Kumar Asthana
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
Heard Sri Rakesh Kumar Mishra, learned counsel for the petitioner and Sri Sanjeev Kumar Asthana, learned counsel for the respondent/Prathama Bank.
The petitioner had taken a loan for a sum of Rs. 5,00,000/- for establishing flour mill and oil speller in 2014. The petitioner defaulted in payment of dues, as such, now proceedings under Section 13(4) of the SERFAESI Act has been initiated.
No answer is forthcoming whether petitioner has filed any objection against the proceedings initiated under Section 13(2) of the SERFAESI Act.
However, at this stage, learned counsel for the petitioner submits that the petitioner accepts the entire liability and he is ready to pay.
It is to be noted that once proceedings under Section 13(4) of the SERFAESI Act is initiated, this Court is reluctant to interfere in the proceedings.
However, if the petitioner makes any representation to the Bank under Section 13(8) of the SERFAESI Act, the Bank may consider and decide the same and pass appropriate order in accordance with law as far as possible within a period of one month from the date of presentation of certified copy of this order.
With the aforesaid observations, this writ petition is finally disposed of.
Order Date :- 21.8.2018 Nadim (Rajiv Gupta, J.) (Abhinava Upadhya, J.)