Baldeo Prasad Gupta v. The Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.350 of 2024 In Miscellaneous Jurisdiction Case No.4080 of 2019 ====================================================== Baldeo Prasad Gupta Son of Late Shambhu Prasad Gupta, Karta of joint Hindu Family, resident of village and Post Office and Police Station at - Karmatar, Dist. Jamtara (Jharkhand), formerly working as senior J M Grade I officer in Bank of India, presently stay at Patna, 106-B, Maha Laxmi Apartment, E.B. Cannal Road, Patna 800001, Mobl. No. 854441606. ... ... Petitioner/s

Versus

1.

The Bank of India through its The Chairman cum Managing Director. 2.

The Executive Director Cum Review Authority, Bank of India. 3.

The General Manager Cum Appellate Authority, Bank of India, Address - 1 to 3 Head Office, Star House, Bandra - Kurla Complex, Bandra (East.) Mumbai - 400051.

4.

The Zonal Manager Cum Disciplinary Authority, Bank of India, Zonal Office, Chanakya Palace, 1st Floor, Bir Chand Patel Marg, Patna - 800001. 5.

The Branch Manager-Deheri On Sone, Giridih, Sindri and Patna (Main) Branches, Bank of India, P.O. Deheri On Sone, Dist. - Rohtas (Bihar) PartII. 6.

ICICI Prudental Life Insurance Co. Ltd. through its The Chairman Cum Managing Director and All concerns, Corporate/Head Office, ICICI Prulife Tower, Appasaheb Marg, Prabha Devi, Mumbai - 400025. 7.

The Branch Manager/In-charge/All concerns, ICICI Prudential Life Insurance Co. Ltd. Patna Branch, Hari Tek Complex- 3rd Floor, S.P. Verma Road, Near Door Darshan Kendra, Patna - 800001. 8.

ICICI Prudential Mutual Fund Co. Ltd. through its The Chairman Cum Managing Director and All Concerns, Corporate/Head Office, One BKC Wing, 13 Floor, Bandra- Kurla Complex Bandra (East) Mumbai - 400051. 9.

The Branch Manager/In-Charge/All Concerns, ICICI Prudential Mutual Fund Co. Ltd. Patna Branch, Kashi Palace, 1st Floor, Near Dak bunglow Chouk/Mouriya Complex. Patna 800001.

10.

ICICI Bank Ltd. through its The Chairman Cum Managing Director and All Concerns, Head Office, ICICI Bank Building, Bandra-Kurla Complex, Bandra (East) Mumbai - 400061.

11.

The Branch Manager/and All Concerns, ICICI Bank Ltd. Boring Road Branch, Near Boring Road Chouraha Sahdeb Path, Patna - 800001. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baldeo Prasad Gupta ( In Person ) For Respondent-Bank 1 to 5 :

Mr.Rupak Kumar, Advocate For Amicus Curiae :

Mr.Kumar Pankaj, Advocate ======================================================

Patna High Court MJC No.350 of 2024(6) dt.02-05-2024 2/3 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-05-2024 Prima facie, the present MJC is not maintainable, for the reasons that the present MJC - contempt is arising out of MJC - Contempt petition No. 4080 of 2019 decided on 28.11.2019. It is necessary to re-produce order dated 28.11.2019 and it reads as under:- "Petitioner submits that he shall make himself available in the office of Zonal Manager, Zonal Office, Chanakya Palace, Ist Floor, Birchand Patel Marg, Patna on 02.12.2019 at 12.00 noon.

Learned counsel for the Bank of India submits that the grievance of the petitioner shall be considered and dealt with in accordance with law.

In view of the aforesaid, the present contempt petition is disposed of.

It is open for the petitioner to represent any one of the respondents including the ICICI Bank for the said issue."

2. No doubt, the present MJC No. 350 of 2024 is filed for modification. MJC modification is permissible only in respect of modification of any typographical error crept in the order.

3. Perusal of the order dated 09.12.2019 along with the show-cause, it is evident that grievance of the petitioner

Patna High Court MJC No.350 of 2024(6) dt.02-05-2024 3/3 pursuant to earlier Co-ordinate Bench order dated 28.11.2019 passed in MJC No. 4080 of 2019 has been complied. Therefore, question of modification of the order dated 28.11.2019 in MJC No. 4080 of 2019 is not permissible.

4. Accordingly, the present MJC No. 350 of 2024 stands disposed of, reserving liberty to the petitioner to assail the order dated 09.12.2019, in accordance with law. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- U