Patna High Court
Anand Prakash vs Bank Of India on 4 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9449 of 2022
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Anand Prakash S/o Late Ramavatar Prasad Shroff Resident of Flat No. 202,
Hari Bhawan, Roti Restaurant Lane, Near A.N. College, Boring Road, Patna-
13, sole proprietor of Hamara Industries.
... ... Petitioner/s
Versus
1. Bank of India through its Zonal Manager, 1st Floor, Chanakya Place,
Birchand Patel Marg, Patna, Bihar- 800001.
2. The Zonal Manager Bank of India, 1st Floor, Chanakya Place, Birchand
Patel Marg, Patna, Bihar-800001.
3. The Senior Branch Manager Bank of India, Patna C and P Branch, Raghubir
Place, Boring Road, Patna, Bihar-800001.
4. The Manager (Credit) Bank of India, Patna C and P Branch, Raghubir Place,
Boring Road, Patna, Bihar- 800001.
5. The Banking Ombudsman (Bihar) C/o Reserve Bank of India, Adharshila
Complex, South Gandhi Maidan, Patna, Bihar- 800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nikhil Kumar Agrawal, Advocate
Ms. Aditi Hansaria, Advocate
For the Respondent/s : Mr. Amit Prakash, Advocate
Mr. Rakesh Kumar, Advocate
Mr. Raj Nandan, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.9449 of 2022 dt.04-08-2022
Shri Amit Prakash, learned counsel for the respondent
fairly states that the action of the respondent is defenceless.
Having heard learned counsel for the parties, we
dispose of the present petition in the following terms:-
(a) We quash and set aside the order dated 06.06.2022
passed by Respondent No. 5, namely, the Banking Ombudsman
(Bihar) (Annexure-23), for no opportunity of hearing at all,
much less adequate, was afforded to the petitioner, despite
directions issued by this Court;
(b) We direct Respondent No. 5, namely, the Banking
Ombudsman (Bihar), c/o Reserve Bank of India, Adharshila
Complex, South Gandhi Maidan, Patna, Bihar to issue notice;
Patna High Court CWJC No.9449 of 2022 dt.04-08-2022
afford opportunity of hearing; permit the petitioner to place
additional materials on record;
(c) Respondent No. 5 shall pass an order assigning
reasons also accounting for the sanction note dated 18.02.2017
that of the respondent Bank (Annexure-5 Page No. 25);
(d) The said authority shall pass a reasoned and
speaking order preferably within a period of four months from
the date of production of a copy of this order;
(e) The order assigning reasons shall be
communicated to the petitioner;
(f) 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) Also, liberty reserved to the petitioner to approach
the Court, should the need so arise subsequently on the same
and subsequent cause of action;
(i) We have not expressed any opinion on merits. All
issues are left open;
Patna High Court CWJC No.9449 of 2022 dt.04-08-2022
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 05.08.2022
Transmission Date
