Patna High Court
Abhay Kumar Sinha vs United Bank Of India on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5041 of 2020
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Abhay Kumar Sinha Son of Late Gulab Ji Sahai resident of Mohalla- Rajiv
Nagar, House No. M/42, Road No. 15, P.S.- Rajiv Nagar, District- Patna
... ... Petitioner/s
Versus
1. United Bank of India Head Office-11, Hemanta Basu Sarani, Kolkata-
700001 through its Managing Director
2. Deputy General Manager-cum-Chief Regional Manager, United Bank of
India, Patna Region, Patna
3. Branch Manager, United Bank of India, Patliputra Branch, Patna
4. Branch Manager, United Bank of India, Kankarbagh Branch, Patna
5. Panjab National Bank through Circle Head Patna, North. R. Block, Patna
(respondent nos.1 to 4 merged with respondent no.5 (Punjab National
Bank)
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sourendra Pandey
Mr. N. V. Tiwari, Advocates
For the Respondent/s : Mr.Binod Bihari Sinha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-11-2021
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
"(i) For issuance of writ of mandamus directing the
respondent authorities to release the lien on the pension
account of the petitioner.
(ii) For issuance of writ of mandamus directing for
releasing the entire pension in favour of the petitioner
holding him to be entitled for the same in the facts and
circumstances of the case.
(iii) For issuance of writ of mandamus directing the
respondents to go for a compromise settlement with the
petitioner for closure of Education Loan, of which the
petitioner was a co-borrower.
(iv) For other directions to the respondent
authorities as deem fit and proper."
In response to the petition, the respondent Bank,
Patna High Court CWJC No.5041 of 2020 dt.22-11-2021
while opposing the petition has filed counter affidavit inter alia
making following pleading as under:-
"11. That the deponent respectfully states and submits that the proposal for
compromise under One Time Settlement Scheme in accounts where an
existing or ex- staff is being borrower / guarantor shall be considered by an
authority of HOCAC-I only as per the circular no.20/2021 dated
31.03.2021, hence the petitioner may approach the Bank by making a
fresh representation/offer so that same may be forwarded to the competent
authority stated hereinabove."
Learned counsel for the petitioner states that petitioner
is ready and willing to approach the authorities by way of
representation as is so suggested by the Bank in terms of
pleading reproduced (supra).
None can have any objection to the same.
The petitioner is permitted to approach the respondent
Bank in terms of the scheme contained in circular no.20 of 2021
issued on 31.03.2021 (Annexure C).
As and when the petitioner exercise such option,
respondents shall take decision in accordance with law within a
period of three months.
Liberty reserved to petitioner to approach the court, if
the need so arises subsequently on the same and subsequent
cause of action.
Equally liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
Patna High Court CWJC No.5041 of 2020 dt.22-11-2021
The writ petition is accordingly, disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-Ranjan
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.11.2021
Transmission Date NA
