Patna High Court
The State Bank Of India vs Birendra Pathak on 22 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1401 of 2019
In
Civil Writ Jurisdiction Case No.22910 of 2013
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1. The State Bank of India, Patna through the Chairman, State Bank of India
Bhawan Madam Kama Road, Mumbai- 400021.
2. The Assistant General Manager State Bank of India, Retail Assets
Centralized Processing Centre, Patna.
3. The Branch Manager, State Bank of India, High Court Branch, Patna, P.S.
Kotwali, District - Patna.
... ... Appellants
Versus
1. Birendra Pathak S/o Late Bachchu Pathak Resident of Quarter No. 17, High
Court Campus, Patna, P.S. Kotwali, District - Patna.
2. The State Bank of India Life Insurance Company 2nd Floor Tumer Morrison
Building G.N. Vidya Marg Fort Mumbai- 400001.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Anjani Kumar Mishra, Advocate
Mr. Ambarish Bhardwaj, Advocate
For SBI Life : Mr. Bindhyachal Rai, Sr. Advocate
For the Respondent/s : Mr.Shrinath Mrngho, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 22-07-2025
On 17.06.2025 matter was heard at length and the
following order was passed:
"Petitioner/Competent Officer is
hereby directed to file his/her personal affidavit
insofar as what action has been taken by the
appellant-bank insofar as insisting the concerned
respondent to comply relevant clause insofar as
payment of premium of SBI Life (Yearly). In this
regard, necessary documents shall be placed on
record during the period from 01.09.2009 to
Patna High Court L.P.A No.1401 of 2019 dt.22-07-2025
2/2
01.09.2012.
2
. Relist this matter on 15.07.2025."
2. Personal affidavit has been filed by Rakesh
Kumar, Chief Manager, State Bank of India, Patna. He has not
answered to our previous order insofar as what are the
communication made by the Appellant-Bank to the Loan
borrower during the period from 01.09.2009 to 01.09.2012. In
order to appreciate that there is an action on the part of the
Appellant to procure SBI Life (Yearly) while paying premium
payment. Therefore, there is a lapses on the part of officials of
the Appellant in not insisting loan borrower to secure SBI Life
(Yearly) while paying payment of premium.
3. Having regard to these facts and circumstances,
the Appellants have not made out a case so as to interfere with
the order of the learned Single Judge. Accordingly, L.P.A No.
1401 of 2019 stands dismissed.
4. Pending I.As, if any, stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.07.2025
Transmission Date NA
