M/S Maa Shanti Rice Mill vs The Punjab National Bank
2021 Latest Caselaw 6280 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19619 of 2021
     ======================================================

M/s Maa Shanti Rice Mill Through its Proprietor Santosh Kumar Singh, Male, Aged about 59 years, Son of Bishwanath Singh, Resident of Rasulpur, Tenghra, P.S.- Aurangabad, District- Aurangabad (Bihar) presently residing at Mohallah- Anurgrah Nagar, Ward No. 41, North of Sone Canal, P.S.- Aurangabad, District- Aurangabad (Bihar).

... ... Petitioner/s Versus

1. The Punjab National Bank through its Zonal Manager, Punjab National Bank, R- Block, Chanakya Towers 2nd Floor, Veer Chand Patel Path, Patna, Pin Code- 800001 (Bihar).

2. The Circle Officer, Punjab National Bank, Aurangabad Branch, District-

Aurangabad (Bihar).

3. The Branch Manager, Punjab National Bank, M.G. Road, Aurangabad, District- Aurangabad (Bihar).

4. The Authorized Officer, Punjab National Bank, M.G. Road, Aurangabad, District- Aurangabad (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Respondent/s : Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 20-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.19619 of 2021 dt.20-12-2021

The petitioner intends to enter into One Time

Settlement with the respondent Bank and to establish his bona

fide, he is ready and willing to deposit a sum of ₹5 lacs within

next 48 hours with the respondent Bank. Also, within a period

of next two/three weeks, petitioner undertakes to deposit 20 per

cent of the amount in question, including Rs. 5 lacs. These

deposits shall be without prejudice to the respective rights and

contention of the parties.

Learned counsel for the respondents states that in the

event petitioner files a representation for redressal of his

grievance(s), after making deposit of 20 per cent of the amount

in question, including Rs. 5 lacs, within two/three weeks, the

authority concerned shall consider and dispose of the Patna High Court CWJC No.19619 of 2021 dt.20-12-2021

representation expeditiously and preferably within a period of

one month from the date of its filing along with a copy of this

order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following

terms:-

(a) The petitioner shall deposit a sum of ₹5 lacs

within next 48 hours with the respondent Bank. Also, within a

period of next two/three weeks, petitioner undertakes to deposit

20 per cent of the amount in question, including ₹5 lacs;

(b) These deposits shall be without prejudice to the

respective rights and contention of the parties.

(c) Petitioner shall file a representation before the

authority concerned for redressal of the grievance(s), after

making deposit of 20 per cent of the amount in question,

including Rs. 5 lacs to be deposited within 48 hours;

(d) The authority concerned shall consider and

dispose it of expeditiously, by a reasoned and speaking order

preferably within a period of one month from the date of its

filing along with a copy of this order and till then no coercive

steps shall be taken against the petitioner;

(e) Needless to add, while considering such Patna High Court CWJC No.19619 of 2021 dt.20-12-2021

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(f) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(g) We are hopeful that as and when petitioner takes

recourse to such remedies, as are otherwise available in law,

before the appropriate forum, the same shall be dealt with, in

accordance with law and with reasonable dispatch;

(h) Liberty reserved to the petitioner to approach the

Court, if the need so rises subsequently on the same and

subsequent cause of action;

(i) We have not expressed any opinion on merits. All

issues are left open;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 21.12.2021 Transmission Date