Gautam vs The Bank Of Baroda (Gujrat)
2021 Latest Caselaw 4952 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.174 of 2021
                                         In
                   Civil Writ Jurisdiction Case No.8883 of 2020
     ======================================================

1. Gautam, Son of Sunil Kumar Singh

2. Neha Kumari, Wife of Gautam Both are resident of Cingus Vihar, Indian Oil Campus, Behind Mandal Honda, Forbisganj, P.O. and P.S. Forbisganj, District Araria.

... ... Appellant/s Versus

1. The Bank of Baroda (Gujrat) through the Managing Director.

2. The Managing Director, the Bank of Baroda, Vadodara (Gujarat).

3. The Authorized Officer-cum-Chief Manager-cum-Branch Manager, Bank of Baroda, Forbisganj Branch, Ram Manohar Lohia Path, Hospital Road, Forbisganj, District- Araria.

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

For the Appellant/s : Mr.Ajit Kumar Singh, Advocate For the Respondent/s : Mr.Manish Kishore, Advocate Mr. Bal Bhushan Choudhary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 21-10-2021

This memo of appeal is filed for setting aside the

impugned judgment and order dated 08.02.2021 passed by the

learned Single Judge in CWJC No. 8883 of 2020.

It is not in dispute that the property has been sold and

third party interest stands created. Also, it is not in dispute that

the writ petitioners have initiated appropriate proceeding,

challenging such action in accordance with law.

Patna High Court L.P.A No.174 of 2021 dt.21-10-2021

We further find that appellants had failed to honour

the undertaking furnished by them as recorded in the order dated

3rd December, 2020 passed in CWJC No. 8883 of 2020, titled as

Gautam & Anr. Vs. The Bank of Baroda & Ors.

Under these circumstances, we are not inclined to

interfere with the impugned order. However, as prayed for,

liberty is granted to the appellants to raise all pleas, as are

available, in accordance with law, in the proceeding already

initiated challenging the action.

As such, present appeal stands disposed of.

Interlocutory application, if any, stands disposed of.

(Sanjay Karol, CJ)

( Rajan Gupta, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 22.10.2021 Transmission Date