M/S Prema Jewels v. The Chairman-Cum-Managing Director

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3224 of 2022 ====================================================== M/s Prema Jewels through One of its Co-borrower Shri Saurabh Kumar aged about 32 yrs. Male, S/o Late Sanjay Kumar, R/o Shop no. 55, Lok Nayak Jay Prakash Bhawan, Dak Bunglow Chauraha, P.S.-Kotwali, Patna-800001 having its Place of Business at Shop No. G-13, P&M Mall, Patliptupra, Patna. ... ... Petitioner/s

Versus

1.

The Chairman-Cum-Managing Director State Bank of India, Corporate Centre, Madam Cama Road, Mumbai-400021.

2.

The Chief General Manager, Reserve Bank of India, 10th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai-400001. 3.

,Branch Manager State Bank of India, at Patliputra (SME) Branch, Patna Now SME Boring Road Branch, Patna.

4.

Assistant General Manager, State Bank of India, Stressed Assets Management Branch, 5th Floor, Zonal Office Building, Judge Court Road, Antaghat, Patna.

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

For the Petitioner/s :

Mr.Arbind Kumar Jha, Adv For the Respondent/s :

Mr. Santosh Kumar Singh, Adv ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-04-2022 Heard learned counsel for the parties.

Patna High Court CWJC No.3224 of 2022 dt.21-04-2022 2/3 Petitioner has prayed for the following relief(s):- "That the present writ petition is being filed for a direction to respondent no. 1 and 2 to follow the procedure and directions issued by this Hon'ble Court to take a decision with reference to order dt. 2nd December, 2020 by issuing show cause stating the charges alleged against petitioner and affording reasonable opportunity of making objection against proposed charges, before coming to conclusion that account of the petitioner was declared fraud as observe in CWJC No. 2857 of 2021 [M/s Prema Jewels Vs. Chairman cum Managing Director, State Bank of India & ors] by order dt. 22.11.2021."

In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law.

Permission granted.

As and when any such request is made by the petitioner before the Tribunal, the same shall be considered and decided expeditiously.

All plea including that of jurisdiction are left open to be considered and decided in the proceedings pending before Debts Recovery Tribunal.

The petition stands disposed of as withdrawn with the

Patna High Court CWJC No.3224 of 2022 dt.21-04-2022 3/3 liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR CAV DATE NA Uploading Date Transmission Date NA