Mani Bhushan Kumar vs Chairman State Bank Of India And Ors

Heard Mr. Mani Bhushan Sahay, appearing in person.

The present writ petition has been filed for a "direction to the respondents to release the Baleno Car of the petitioner bearing Registration No. BR01EA-7402 on the payment of the amount of instalments which have become due and further direction may kindly be given to stay the auction/sale of the aforesaid car of the petitioner and not to take any coercive measure against the car of the petitioner."

Mr. Mani Bhushan Sahay, an Advocate of this Court appearing in person submits that the respondent-Bank has acted out and out illegally in taking re-possession of his Maruti Baleno Car despite repayment of the loan in monthly instalments having been paid up- till August, 2019 without default and that too without valid service of notice/demand notice under the SARFAESI Act, 2002 by employing musclemen/bouncers on 11.11.2019. It is stated that after filing of the writ petition the petitioner has filed a representation on 19.11.2019 before the Chief Manager, Maintenance, RACCP, State Bank of India, Gandhi Maidan Main Branch, Patna (Respondent No. 8) for regularising his car loan and release of the car on payment of due amount of his instalments.

Despite appearance having been entered on behalf of the Bank none appears on behalf of the Bank when the matter is called today.

Having regard to the grievance of the petitioner and without going into the detailed merits or maintainability of the writ petition, the writ petition is disposed of with a direction to the Respondent No. 8 to consider and dispose of the petitioner's aforesaid representation said to have been filed on 20.11.2019, if pending, on its own merits and in accordance with law expeditiously. It is further directed that until disposal of the petitioner's representation aforesaid the Bank shall refrain from auction sale of the petitioner's car.

The writ petition stands disposed of with the aforesaid observations and directions.