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2016 DIGILAW 287 (ALL)

Nanpara Rice Mill Thru. Prop. Mohd. Mobeen v. Punjab National Bank,Branch Nanpara,Thru. Its Manager

2016-01-21

D.Y.CHANDRACHUD, RAJAN ROY

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JUDGMENT Rajan Roy,J. The total dues outstanding to the first respondent as stated by the learned counsel appearing on behalf of the first respondent are Rs.12,99,301/- as reflected in the statement of account at Annexure-2, on which interest is payable after 1 July 2015. The petitioner has come before this Court challenging a notice which is issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Annexure-1 to the writ petition). 2. We would not have been inclined to entertain a writ petition under Article 226 particularly having regard to the existence of an alternate remedy under Section 17 before the Debts Recovery Tribunal. However, during the course of hearing, the learned counsel appearing on behalf of the petitioner has expressed readiness and willingness of his client to pay the outstanding dues together with interest but has only prayed for the grant of reasonable installments. 3. Accordingly, it has been agreed that the petitioner shall pay the entire outstanding amount together with interest in five monthly installments. Hence, the following order is passed by consent: (i) The petitioner shall pay an amount of Rs.2,50,000/- on or before 7 February 2016; (ii) The next three installments each of Rs.2,50,000/- shall be paid on or before 7 March 2016, 7 April 2016 and 7 May 2016; (iii) The final installment shall be of the entire balance due and payable inclusive of interest which shall be paid on or before 7 June 2016. 4. In the event that the petitioner makes any default in the payment of the installments as agreed hereinabove or any part thereof, the Bank, it is needless to add, would be at liberty to take action in accordance with law. 5. Since this order has been passed by consent, we direct that the parties shall abide by their respective statements. The petition is, accordingly, disposed of. There shall be no order as to costs.