Gautam v. The Bank Of Baroda (Gujrat)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.174 of 2021 In Civil Writ Jurisdiction Case No.8883 of 2020 ====================================================== 1.

Gautam, Son of Sunil Kumar Singh 2.

Neha Kumari, Wife of Gautam Both are resident of Cingus Vihar, Indian Oil Campus, Behind Mandal Honda, Forbisganj, P.O. and P.S. Forbisganj, District Araria. ... ... Appellant/s

Versus

1.

The Bank of Baroda (Gujrat) through the Managing Director. 2.

The Managing Director, the Bank of Baroda, Vadodara (Gujarat). 3.

The Authorized Officer-cum-Chief Manager-cum-Branch Manager, Bank of Baroda, Forbisganj Branch, Ram Manohar Lohia Path, Hospital Road, Forbisganj, District- Araria.

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

For the Appellant/s :

Mr.Ajit Kumar Singh, Advocate For the Respondent/s :

Mr.Manish Kishore, Advocate Mr. Bal Bhushan Choudhary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-10-2021 This memo of appeal is filed for setting aside the impugned judgment and order dated 08.02.2021 passed by the learned Single Judge in CWJC No. 8883 of 2020. It is not in dispute that the property has been sold and third party interest stands created. Also, it is not in dispute that the writ petitioners have initiated appropriate proceeding, challenging such action in accordance with law.

Patna High Court L.P.A No.174 of 2021 dt.21-10-2021 2/2 We further find that appellants had failed to honour the undertaking furnished by them as recorded in the order dated 3rd December, 2020 passed in CWJC No. 8883 of 2020, titled as Gautam & Anr. Vs. The Bank of Baroda & Ors.

Under these circumstances, we are not inclined to interfere with the impugned order. However, as prayed for, liberty is granted to the appellants to raise all pleas, as are available, in accordance with law, in the proceeding already initiated challenging the action.

As such, present appeal stands disposed of.

Interlocutory application, if any, stands disposed of. (Sanjay Karol, CJ) ( Rajan Gupta, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 22.10.2021 Transmission Date