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2019 DIGILAW 1493 (RAJ)

Balaji Agro Industries v. State Bank Of India

2019-05-14

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT 1. The petitioner has preferred this writ petition for the following reliefs:- "(a) by an appropriate writ, order or direction, the attachment of the property of petitioner-firm and of the guarantor may kindly be declared illegal and further the notice dated 31.3.2019 (Annex.5) published in newspaper may kindly be declared illegal and be quashed and set aside. (b) by an appropriate writ, order or direction, the respondents may kindly be restrained from auctioning the property of the petitioner firm as well as the guarantor in pursuance of the notice dated 31.3.2019. 2. The notices were issued on 08.5.2019 and Mr. Jagdish Vyas was directed to accept notice, which he accepted and has completed his instructions. 3. The limited prayer of petitioner is that against the loan of Rs. 18 Lacs plus he is prepared to pay 25% within 30 days from today; rest 25% within 30 days thereafter and complete dues shall be satisfied by him within three months from today. 4. Counsel for the respondent-bank submits that if the petitioner makes payment as agreed upon, then the same shall be adjusted against his total dues. 5. In light of aforesaid submission, the present writ petition is disposed of with a direction to petitioner to pay Rs. 4,50,000/- before 14.6.2019; next Rs. 4,50,000/- before 14.7.2019 and remaining dues shall be paid before 14.8.2019. It is made clear that if petitioner acts as per re-payment schedule, then no coercive action shall be taken by the bank. However, in case petitioner makes any partial default in the re-payment scheduled as agreed upon, then this order shall automatically stand nullified and the respondent-bank shall be entitled to proceed against the petitioner for recovery from the stage as on today.