Patna High Court
Manish Kumar vs The Union Bank Of India on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10013 of 2020
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Manish Kumar S/O Sri Akhilesh Kumar resident of Tripolia Pathri Ghat, P.S.-
Alamganj, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The Union Bank of India through Kewal Handa, Chairman and Part- Time
Non Official Director, having their place of Seating at Union Bank Bhavan,
239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021.
2. The Managing Director and CEO of Union Bank of India, through Rajkiran
Rai G., having their place of Seating at Union Bank Bhavan, 239, Vidhan
Bhavan Marg, Nariman Point, Mumbai- 400021.
3. The Executive Director of the Union Bank of India, through Gopal Singh
Gusian, having their place of Seating at Union Bank Bhavan, 239, Vidhan
Bhavan Marg, Nariman Point, Mumbai- 400021.
4. Madnesh Kumar Mishra, the Government Nominee Director of the Union
Bank of India having their place of Seating at Union Bank Bhavan, 239,
Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021.
5. The Regional Manager, Patna Region- 2, Union Bank of India, First Floor,
Aditya Arcade, Exhibition Road, P.S.- Gandhi Maidan, District- Patna.
6. The Chief Manager and Authorized Officer, erstwhile Andhra Bank now
Union Bank of India, Patliputra Branch, at Ground Floor, Ramayan Plaza,
Opposite Gumti No. 32, Rajapur Pul, P.S. Buddha Colony, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prabhakar Nath Rai, Advocate
For the Respondent/s : Mr. Anant Kumar Sharan, Advocate
Mr. P.K.Sharan, Advocate
Mr. H.K.Sharan, 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
Patna High Court CWJC No.10013 of 2020 dt.22-11-2021
Petitioner has prayed for the following relief(s):-
i. For issuance of Writ in the nature of
mandamus directing the respondent authorities to
confirm the auction sale of the property ID:
ANDB041800004 mortgaged before erstwhile Andhra
Bank now Union Bank of India situated at ward No.
18 / 24 /41 circle No. 68, Plot No. 254, Holding No.
59/62/95/96 Resident of -Tripoliya, Shershah Road P.S
- Alamganj, District- Patna in favour of the petitioner.
ii. For direction to the respondent authorities to
issue sale certificate in favour of the petitioner for the
property in question.
iii. For any other relief or reliefs for which the
petitioner is entitled in the facts and circumstances of
the case."
Undisputedly, in terms of order dated 30.04.2020
passed by this Court in CWJC No. 5633 of 2020, titled as In Re:
Functioning of Courts in Bihar during the period of COVID-19,
PANDEMIC (Corona Virus). Versus The State of Bihar & Ors.,
the auction stands cancelled. It is also not in dispute that the
auction was not confirmed prior thereto. As such, no relief can
be granted to the petitioner, as prayed.
The petition stands disposed of clarifying that
whatever money stands deposited by the auction purchaser, the
same shall be refunded within a period of four weeks from
today, failing which, petitioner shall be entitled to interest at the
Patna High Court CWJC No.10013 of 2020 dt.22-11-2021
banking rate to be personally recovered from the salary of the
Bank Manager.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 23.11.2021
Transmission Date
