Patna High Court
Rajya Sahkari Bhumi Vikas Bank ... vs Pushpa Singh on 20 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.542 of 2019
In
Civil Writ Jurisdiction Case No.19536 of 2011
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1. Rajya Sahkari Bhumi Vikas Bank Simit Bihar- Jharkhand presently known
as Multi State Cooperative Land Development Bank Limited, Bihar-
Jharkhand, Budh Marg, Patna, through its Chairman.
2. The Chairman Rajya Sahkari Bhumi Vikas Bank Simit, (Bihar- Jharkhand),
presently known as Multi State Cooperative Land Development Bank
Limited, Bihar- Jharkhand, Budh Marg, Patna.
3. The Managing Director Rajya Sahkari Bhumi Vikas Bank Simit, (Bihar-
Jharkhand), presently known as Multi State Cooperative Land Development
Bank Limited, Bihar-Jharkhand, Budh Marg, Patna.
... ... Appellants
Versus
Pushpa Singh Wife of Ajay Kumar Singh Residence of Mohalla- Prabhunath
Nagar, West of Housing Colony, Chapra, Near Hanuman Mandir, P.S.-
Mufashil Chapra, District- Chapra.
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr. Y.V. Giri, Senior Advocate
Mr. Rajesh Prasad Choudhary, Adv.
For the Respondent/s : Mr. Gautam Kumar Kejriwal, Amicus Curiae
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 20-02-2023
Re. I.A. No. 1 of 2019
This appeal has been entertained by a Co-
ordinate Bench for a long time but without condoning the
delay in preferring this appeal. We condone such delay
Patna High Court L.P.A No.542 of 2019 dt.20-02-2023
as prayed for in the aforesaid interlocutory application,
not only on the grounds ascribed therein but principally
for the reason that the principal amount due to the
respondent has already been paid.
I.A. No. 1 of 2019 stands allowed
accordingly.
L.P.A. No. 542 of 2019
The respondent has not been appearing in
this matter for a long time. The amicus also was not
contacted by the respondent.
The appellant/ Multi State
Cooperative Land Development Bank Limited has
challenged the order dated 09.10.2014 passed in
C.W.J.C. No. 19536 of 2011, directing the
appellant/Bank to make available to the respondent all
the post retrial dues along with 8% per annum as
interest from the date when the amount became due to
the respondent till the date of its actual payment. In
case of non-compliance of the order, referred to above,
Patna High Court L.P.A No.542 of 2019 dt.20-02-2023
there was a further direction that the respondent would
be entitled to an interest @18% per annum on the said
amount.
Mr. Y.V. Giri, learned senior Advocate for the
appellant/Bank has, in the first instance, submitted that
the order dated 09.10.2014, referred to above, is non-
est in the eyes of law as no writ could have been issued
to a Co-operative Bank, which has no State
presence. It has been urged on behalf of the
appellant/Bank that there is no instrumentality or agency
of the State. The State in no part is a stakeholder of the
Cooperative Bank and therefore, such Bank would not
fall in the category of 'State' as defined under Article 12
of the Constitution of India.
However, we are constrained to observe that
this stand was not taken by the appellant/Bank before
the Writ Court where it was argued on its behalf that
because of its straightened financial circumstances,
payments cannot be made.
Patna High Court L.P.A No.542 of 2019 dt.20-02-2023
This stand of the appellant/Bank was not
accepted by the Writ Court and hence a direction was
issued for making a payment of all post-retrial dues
along with 8% interest within a specified period and if
such order was not complied with, payment had to be
made on a stepped-up rate of interest.
Mr. Giri, however, argues that a question of
law is available to him at any stage and even if such
ground was not taken before the Writ Court, the appeal
would be maintainable on behalf of the appellant/Bank
on this score as well.
This appeal was entertained by a Co-ordinate
Bench of this Court, which found that no amount has
been paid to the respondent even though the services
rendered by the respondent was never disputed.
It appears that in the meanwhile, in the
contempt jurisdiction (M.J.C. No. 170 of 2019 arising
out of C.W.J.C. No. 19536 of 2011), the principal
amount of arrears of salary and other dues amounting to
Patna High Court L.P.A No.542 of 2019 dt.20-02-2023
Rs. 2,87,062/- (Rupees two lakh eighty seven thousand
and sixty two) plus Rs. 78,769/- (Rupees seventy eight
thousand seven hundred and sixty nine) was paid to the
respondent.
The contempt petition against the
appellant/Bank was thereafter dropped.
This appeal has become infructuous as the
contempt Court did not insist for payment of interest on
the principal amount for the reasons stated above viz. no
dispute with respect to the respondent having rendered
service with the appellant/Bank; principal amount due to
the respondent having been paid and the respondent not
appearing before this Court in appeal even when an
amicus was appointed by the Court to assist her. We are
of the view that no interference is required to be made
with the order passed by the learned single Judge.
However, we make it clear that the issue of
maintainability of the writ petition against a Co-operative
body remains open for the appellant/Bank for any future
Patna High Court L.P.A No.542 of 2019 dt.20-02-2023
reference.
The appeal stands disposed of.
(Ashutosh Kumar, J)
(Harish Kumar, J)
rohit/rishi
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22-02-2023
Transmission Date
