Patna High Court
Pradeep Kumar Gupta vs Central Bank Of India on 25 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2488 of 2023
In
Civil Writ Jurisdiction Case No.5108 of 2020
======================================================
Pradeep Kumar Gupta, S/o- Late Surya Narayan Gupta, R/o- Flat No. 401,
Udaigiri Apartment, Buddha Marg, P.S.- Kotwali, District- Patna.
... ... Petitioner/s
Versus
1. Central Bank of India having its Head Office at Mahatma Gandhi Road,
Mumbai through its Chairman- cum- Managing Director namely Matam
Venkata Rao.
2. Zonal Manager, Central Bank of India, Zonal Office, Maurya Lok Complex,
Patna namely Mrs Priyanka Choudhary.
3. Regional Manager, Central Bank of India, Regional Office, Maurya Lok
Complex, Patna namely Jai Prasad.
... ... Opposite Party/s
======================================================
with
CIVIL REVIEW No. 295 of 2022
In
Civil Writ Jurisdiction Case No.5108 of 2020
======================================================
1. Central Bank of India having its Head Office at Mahatma Gandhi Road,
Mumbai through its Chairman cum Managing Director.
2. Zonal Manager Central Bank of India, Zonal Office, Maurya Lok Complex,
Patna.
3. Regional Manager Central Bank of India, Regional Office, Maurya Lok
Complex, Patna.
... ... Petitioner/s
Versus
1. Pradeep Kumar Gupta Son of Late Surya Narayan Gupta, Resident of N 401,
Udaigiri Apartment, Buddha Marg, Patna - 800001.
2. Vishnu Gupta, Son of Late Dilip Gupta, Resident of Gupta Mansion, Dak
Bunglow Road, Patna - 800001.
3. Nitish Gupta, Son of Late Dilip Gupta, Resident of Gupta Mansion, Dak
Bunglow Road, Patna - 800001.
... ... Opposite Party/s
======================================================
Appearance :
(In Miscellaneous Jurisdiction Case No. 2488 of 2023)
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate
For the Opposite Party/s : Mr. Pratik Kumar, Advocate
(In CIVIL REVIEW No. 295 of 2022)
For the Petitioner/s : Mr. Pratik Kumar, Advocate
Patna High Court MJC No.2488 of 2023 dt.25-01-2024
2/6
For the Opposite Party/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 25-01-2024
Civil Review No. 295 of 2022
Heard Civil Review No. 295 of 2022 to recall the order
dated 17.10.2022 passed in CWJC No. 5108 of 2020. In the writ
petition, petitioners have sought for the following relief/reliefs:
"(i) For issuance of appropriate writ (s)/
order(s)/ directions(s) upon the respondent Bank to
pay appropriate mesne profit or compensation at
market rate for use and occupation of the premise by
the respondent Bank for period from 01.03.1986 till
date of vacation i.e. on 04.04.2019.
(ii) For issuance of appropriate writ/
direction for appropriate compensation for
destruction of building for lack of up-keep and non-
maintenance of the premises during the occupation by
respondent as also for payment of arrears of electric
bill having fallen due on account of non-payment by
them till date of vacation and for direction to the
respondents for return of the original title deed of the
premises to the petitioners.
(iii) For issuance of appropriate
writ(s)/order(s)/ direction (s) upon respondents for
which the petitioners may in the facts and
circumstances of this case be entitled to."
Patna High Court MJC No.2488 of 2023 dt.25-01-2024
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2. The Co-ordinate Bench proceeded to decide the
aforementioned writ petition at the admission stage without calling
for the counter affidavit. Having regard to the reliefs sought by the
petitioners are in respect of certain disputed issues of payment of
rent and compensation in the light of agreement entered into
among the parties, on this issue, this Court has directed the
respondents to submit representation and such representation was
required to be considered by the concerned official respondent /
review petitioner. For non-compliance of the order of this Court
dated 17.10.2022, the respondent - Pradeep Kumar Gupta has
filed MJC No. 2488 of 2023 (contempt of Court petition). The
present civil review was filed earlier to filing of the MJC
application.
3. Learned counsel for the review petitioners submitted
that this Court has issued direction to a wrong person insofar as
consideration of respondents' grievance with reference to
representation. Instead of Zonal Manager it has been addressed to
the Chairman-cum-Managing Director. Further, it is submitted that
subject matter is relating to non-compliance of certain clause in the
rental agreement. The respondents - Pradeep Kumar Gupta and
others' contention is that review petitioners - Central Bank of
India and others overstayed in the rental premises and they have
Patna High Court MJC No.2488 of 2023 dt.25-01-2024
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failed to pay rental charges or compensation etc. These are all
matter which are disputed and it is required to be adjudicated
before the civil court and writ petition is not maintainable.
4. Per contra, learned counsel for the respondents
resisted the aforementioned contention and submitted that review
petitioners' institution would fall under the definition of Article 12
of the Constitution of India, therefore, writ is maintainable. It is
also submitted that merely mentioning to a wrong person while
giving direction and it is a curable defect, therefore, there is no
error committed by the Co-ordinate Bench.
5. Heard learned counsels for the respective parties.
6. Having regard to the reliefs sought by the respondents
in the writ petition we have drawn inference that it is a disputed
issue arising out of certain agreement among the respective parties.
In such matter, the only remedy is in filing civil suit or respondents
were permitted to file suit under Commercial Courts Act, 2015, on
the other hand, writ is not maintainable. Apex Court in the case of
Shalini Shyam Shetty and Another vs. Rajendra Shankar Patil
reported in (2010) 8 SCC 329 read with Rajasthan State
Industrial Development and Investment Corporation and
Another vs. Diamond and Gem Development Corporation Ltd.
reported in (2013) 5 SCC 470 held that if there are disputed issues,
Patna High Court MJC No.2488 of 2023 dt.25-01-2024
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in such circumstances, writ is not the remedy and remedy is before
appropriate civil court jurisdiction.
7. Taking note of these facts and circumstances, review
petitioners have made out a case so as to recall the order dated
17.10.2022
passed in CWJC No. 5108 of 2020. Accordingly, it is
recalled and CWJC No. 5108 of 2020 stands restored on the file.
8. With the consent of respective parties, CWJC No.
5708 of 2020 was heard.
9. Having regard to the reliefs sought in the writ
petition, it is disputed issues which cannot be adjudicated under
Article 226 of the Constitution of India in the light of decision of
the Hon'ble Supreme Court in the case of Shalini Shyam Shetty
(cited supra) read with Rajasthan State Industrial Development
and Investment Corporation and Another (cited supra).
10. Accordingly, writ petition - CWJC No. 5108 of 2020
stands disposed of as not maintainable reserving liberty to the
petitioners to invoke appropriate remedy before appropriate forum.
11. The time spent before this Court is required to be
excluded for the purpose of condonation of delay, if any, under
Section 14 of the Limitation Act, 1963. The jurisdictional Court is
directed to take note of aforementioned provisions of law while
Patna High Court MJC No.2488 of 2023 dt.25-01-2024
entertaining any litigation on behalf of petitioners. Hence, matter
stands dispose of.
12. Registry has raised objection for non-impleadment
of State of Bihar/Union of India as necessary and proper party. In
the light of certain Rules. It is to be noted that in the original writ
petition, State of Bihar/Union of India are not party. That apart,
State of Bihar/Union of India has not committed any contempt of
Court so as to implead to issue notice, therefore, office objection in
respect of non-impleadment of State of Bihar/Union of India
stands over-ruled.
13. In view of aforementioned order passed in C. Rev.
No. 295 of 2022 and CWJC No. 5108 of 2020, MJC No. 2488 of
2023 stands disposed of as not maintainable.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2024
Transmission Date NA
