Patna High CourtCWJC/2383/2016disposed

Tarun Kanti Ghosh v. The Uttar Bihar Gramin Bank And ORS

2019-01-31Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2383 of 2016 ====================================================== Tarun Kanti Ghosh son of Late Dr. S.K. Ghosh, resident of South Bhatta, Congress Office Road, P.O.- Purnea, P.S.- K. Hat, District-Purnea ... ... Petitioner/s

Versus

1. The Uttar Bihar Gramin Bank and Ors

2. Chairman, Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur

3. Appellate Authority-cum-Board of Director through the Chairman, Uttar Bihar Gramin Bank, Kalambagh

4. General Manager, Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Srivastava, Advocate For the Respondent/s :

Mr.Prashant Vedresen, Advocate Mr. Subhash Chandra Bose, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 31-01-2019 Counsel for the petitioner submits that since he was not able to place on record the details in support of the mitigating circumstance regarding the bank guarantee in question having been issued under threat and duress of life, he would be approaching the Appellate Authority by expressing the details/circumstance under which he was compelled to issue the bank guarantee in question without observing the procedure and in excess of his capacity. He submits that if the same finds favour with the Appellate Authority then the quantum of punishment should be considered.

Since the issue is to be raised by the petitioner before the Appellate Authority, this Court would only observe that in case no case is made out then it is for the Appellate Authority to consider the same for which no further directions are required to be issued.

Patna High Court CWJC No.2383 of 2016 dt.31-01-2019 2/2 In view of the aforesaid submissions, writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date