M/S. Khushboo Enterprises ... vs The Central Bank Of India Through ...
2023 Latest Caselaw 330 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.3791 of 2018
     ======================================================

M/s. Khushboo Enterprises through its Proprietor Namely Ramanand Bhandari Son of Ram Jatan Bhandari Resident of Village Nagar Panchayat Ward No. 3 Jhanjharpur, P.S.- Jhanjharpur, District- Madhubani.

... ... Petitioner/s Versus

1. The Central Bank of India Through The Regional Manager, Darbhanga

2. The Branch Manager, Central Bank of India Jhanjharpur, Madhubani.

3. The Field Officer Central Bank of India Jhanjharpur, Madhubani.

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate For the Respondent/s : Mr. Ajay Kumar Sinha, Advocate Mr. Ajit Kumar Sinha, Advocate Mrs. Manju Jha, Advocate Miss Dilkash Khan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-01-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.3791 of 2018 dt.23-01-2023

Leaving the issue of maintainability open, we

allow the petitioner to approach Respondent No. 2, namely,

The Branch Manager, Central Bank of India Jhanjharpur,

Madhubani submitting a proposal, complete in all respect,

for One Time Settlement of the dispute, waiver of interest in Patna High Court CWJC No.3791 of 2018 dt.23-01-2023

terms of the policy of the Bank as also the guidelines of the

Reserve Bank of India.

Learned counsel for the respondents has no

objection to the same.

As and when any such request is received, the

same shall be considered and decided expeditiously, in

accordance with law, within a period of two months thereof,

as per the policy of the Bank as also the guidelines of the

Reserve Bank of India.

Obviously, such decision has to be on the basis of

parity in relation to similarly situated persons.

In the event of petitioner failing to deposit the

amount, within the agreed time, it shall be open for the bank

to take appropriate action in accordance with law.

We clarify that we have not expressed any opinion

on merits. All issues are left open.

Till such time proposal is pending with the

authorities, no coercive action shall be taken against the

petitioner.

The instant petition stands disposed of in the

aforesaid terms.

Patna High Court CWJC No.3791 of 2018 dt.23-01-2023

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 25.01.2023 Transmission Date